First Preference EB-1 Category

Priority Workers. INA § 203(b)(1).

There are three sub-categories under the EB-1 preference category: (1) Workers with Extraordinary Ability; (2) Outstanding Professors and Researchers; and (3) Certain Multinational Executives and Managers.

1. Workers with Extraordinary Ability.

• May qualify under the EB-1 Priority Worker category if he or she has Extraordinary Ability in the Sciences, Arts, Education, Business, or Athletics.

• Extraordinary Ability means a high level of expertise. Must be considered an individual who has risen to the very top of his or her field. Only a small percentage of individuals have similar levels of expertise.

• Extraordinary ability must be demonstrated by sustained national or international acclaim and he or she must be recognized in the field through extensive documentation.

• Must enter the United States to continue work in the area of extraordinary ability.

• Entry into the United States must substantially benefit the United States.

2. Outstanding Professors and Researchers.

• Must be recognized internationally as outstanding in a specific academic field.

• Must have at least 3 years of experience in teaching or research in the academic field.

• Must enter the United States for a tenured position to teach in the academic field or to conduct research in the area.

3. Certain Multinational Executives and Managers.

• Must have been employed for at least one year within the past three years prior to application by a multinational firm, corporation, or legal entity or with one of its affiliates or subsidiaries.

• Must come to the United States in order to continue to render services to the same employer or to one of its affiliates or subsidiaries.

• Must be employed in a capacity that is managerial or executive.

4. Job Offer Requirements and Labor Certification (PERM).

• An offer of employment is needed for EB-1 Outstanding Professors and Researchers, and for EB-1 Multinational Executives and Managers. No offer of employment is required for Workers with Extraordinary Ability.

• Unlike the EB-2 and EB-3 preferences, no labor certification (PERM) is required for any of the three EB-1 Priority Worker preference categories.

5. Family.

• Spouses and children under 21 may receive the same preference and priority date if accompanying or following to join.