Priority Workers (EB-1)

Priority workers comprise the first preference for employment-based immigration under US law, and is intended to attract to the US individuals of extraordinary ability, outstanding professors and researchers, and to promote foreign investment by easing the permanent admission of executives and managers of multinational corporations. Priority workers account for an allocation of 28.5% of total US employment-based immigrant visas.

The priority worker category is comprised of three divisions: persons of extraordinary ability, outstanding professors and researchers, and executives and managers of multinational businesses. In many respects, the evidence presented to support priority worker petitions is similar to that required for admission in the somewhat similar non-immigrant O status (outstanding individuals) and L (intracompany transfer) classifications. Significantly, priority worker petitioners need not complete the lengthy and complex labor certification process, and, in the case of extraordinary ability individuals, need not even have a pending job offer. For those who can make the proof, first preference is an approach to LPR status with many advantages.

Back to Top

Three Categories

The three categories of priority workers are:

Individuals of extraordinary ability in the sciences, arts, education, business, or athletics, as demonstrated by sustained international acclaim. They must seek to enter the US for the purpose of continuing work in their area of extraordinary ability.

Outstanding professors and researchers who are internationally recognized as outstanding in their specific academic area and have been active in that area for at least three years as a teacher or researcher. Their entry into the US must be for a tenured or tenure track position with a university or comparable institution to conduct research, or in order to conduct research for a private employer which already employs at least 3 full time researchers and whose accomplishments are documented.

Executives and managers of foreign business entities who are continuing their employment in a US affiliate after working at least one year abroad (of the last three) working for the foreign business.

Back to Top

Evidence Required

Persons of extraordinary ability must demonstrate either the receipt of a major internationally recognized prize, such as the Nobel, or at least three of the following:

Receipt of a lesser national or international prize;

Copies of publications from professional, trade, or mainstream media relating to the individual's work;

Evidence of alien's participation as a judge of the work of others in the same field;

Evidence or authorship of scholarly articles in professional journals or in major media;

Evidence of display of the person's work in artistic exhibitions and showcases;

Evidence the individual has performed in a critical or essential capacity for organizations and establishments with distinguished reputations;

Evidence that the individual has commanded a high salary or other remuneration;

Evidence of commercial successes in the performing arts, such as high box office, music, or video sales;

Other germane evidence if these criteria do not apply.

Additionally, persons of extraordinary ability must present evidence of their intent to continue work in the field of expertise. This could be in the form of a letter from a perspective employer or a business plan.

Outstanding professors/researchers must demonstrate:

That their field of expertise is in a field of specialized knowledge offered for study at an accredited US college or university; and

Evidence of outstanding accomplishment by two or more of the following:

Receipt of major prizes or awards for outstanding achievement in the academic field;

Membership in associations in the academic field which require outstanding achievements to join;

Published material in professional publications written by others about the individual's work in the academic field;

Evidence of the person's participation as a judge of the work of others in the same field;

Evidence of original scientific, scholarly, or business communications of major significance;

Evidence of authorship of scholarly articles in professional journals, other major media.

Evidence that the individual has at least three years of experience in teaching and/or research in the academic field in which he is outstanding; and

Evidence of the offer of permanent employment from a US college or university or qualified private research lab.

Executives and managers of multinational companies with operations in the US must demonstrate that the individual is employed in an affiliate of a business entity which has continuously provided goods or services and that the US entity has operated for at least a year, and that the executive or manager has been employed abroad with the petitioner's affiliate for at least one out of the past three years.

To qualify as an executive, the employer must additionally demonstrate that the person:

Directs the organization or a major component of it;

Establishes broad goals and policies of the organization or of its functions;

Exercises broad decision-making discretion; and

Receives only general supervision from upstream managers, board or stockholders

To qualify as a manager, the employer must demonstrate that the employee:

Manages all or part the organization;

Oversees the work of other managers; of an essential company function; or of a division of the organization;

Maintains authority to hire and fire supervised employees, or otherwise functions at a senior level within the organizational hierarchy; and

Directs day-to-day operations of an activity or function.

Back to Top

Procedure

Procedures differ depending on which of the three first preference classes applies and whether or not the individual has already been admitted to the US in nonimmigrant status, and if so, which status. In all cases, however, the process commences with the filing of an I-140, Immigrant Petition for Alien Worker with the USCIS seeking to establish the individuals qualifications. Persons of extraordinary ability may self petition, but professors/researchers and executives/managers must have petitions filed on their behalf by their current or prospective employers. Petitioning employers must demonstrate that they possess the financial ability to pay the individual the agreed upon wage from the time the application is filed through the person's securing permanent resident status.

If the individual has been previously admitted into the United States in an employment based, nonimmigrant category that permits dual intent (H, L, O, and E, for example), he may petition for an adjustment of status (AOS) rather than leave the US and proceed through processing at a US consulate in his country of nationality. There are arguments pro and con as to whether this is tactically the better route (it usually is) and there are numerous threshold requirements that the beneficiary must meet, such as a demonstrably pristine record of immigration law compliance. The AOS petition may be filed simultaneously for the employee, spouse, and minor children, which affords the spouse with the ability to obtain employment authorization documents if he or she was not in a category that previously permitted employment. A key disadvantage is that if the individual travels abroad while the AOS is pending he must obtain permission ("advanced parole") or risk voiding the petition and requiring refilling anew. This can be a time consuming and frustrating task, or worse.

If the beneficiary has not previously been admitted to the US, the USCIS will forward notice of grant to the appropriate consulate, usually that of the beneficiaries' country of last residence. The beneficiary will also receive an immigrant visa application pack and instructions. Note that a consular rejection of a nonimmigrant application for admission is final and not subject to judicial review.

Back to Top

Dependents

Spouse and minor children may accompany the principal and receive permanent resident status.

Back to Top

<<Back to Corporate Services

I-140	Immigrant Petition for Alien Worker
I-485	Application to Register Permanent Residence or Adjust Status

Home :: About Us :: Site Map :: Contact Us :: Legal Notice

Corporate Services :: Individual Services :: Immigration Policy

FAQs :: Resources

Law Office of Charles A. Tievsky, PLC

1875 Campus Commons Dr., Suite 201 , Reston, Virginia 20191 USA

Ph.+1 703 716 0022 , Fax: +1 703 935 6088

ct@tievskylaw.com