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EB-1 Priority workers

Individuals with extraordinary ability in the sciences, arts, education, business or athletics.

To qualify under this category the individual should be one at the “top of her/his field of endeavor,” as demonstrated by national or international acclaim which should be recognized through extensive documentation. The alien should continue to work in the same field and provide proof of how s/he would substantially benefit the U.S. prospectively. The law provides that receipt of the Nobel Prize or at least three types of evidence from the list below are needed to satisfy the criteria.

Note that the submitted documentation must relate to and support the specific case presented to the USCIS.

  • Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
  • Documentation of the alien’s membership to associations in the field for which classification is sought, which require outstanding achievements of their members as judged by recognized national or international experts in their disciplines or fields.
  • Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought.
  • Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought.
  • Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media.
  • Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.
  • Evidence of the display of the alien’s work in the field at artistic exhibitions or showcases.
  • Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disc, or video sales.
  • Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field.
  • Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation.

Outstanding professors or researchers

The EB-1A immigrant category is for “outstanding” academicians – professors and researchers who can establish a high level / degree of achievement in their fields. This category is available to individuals who can prove that they are “recognized internationally as outstanding in a specific academic area,” have at least 3 years of teaching or research experience in their field of endeavor, and intend to teach or carry out research in that particular field in the United States.

The individual must have an offer of employment in his/her field. Employment from an accredited university must be for a tenure-track position. The employment can also be for a permanent research position with an employer who has at least three full-time researchers and has documented accomplishments in that field.

In order to qualify for the E12, it is necessary to produce at least two of the following:

  • Published material in professional publications written by others about the alien’s work in the academic field.
  • Documentation of the alien’s receipt of major prizes or awards for outstanding achievement in the academic field.
  • Documentation of the alien’s membership in associations in the academic field, which require outstanding achievements of their members.
  • Evidence of the alien’s original scientific or scholarly research contributions to the academic field.
  • Evidence of the alien’s authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field.
  • Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or allied academic field.

In addition to the above, the petition to the USCIS must be accompanied by an offer of employment for the applicant to work in his or her field from either an institution of higher education or a company with a research department / facility.

Managers and executives transferred to the U.S.

The E13 immigrant visa category is designed to facilitate international transfer of executive or managerial personnel within multinational companies. The transfers can be between different branches of the same company, or between different companies with one of the following types of relationships:

  • Parent – Subsidiary
  • Home Office – Branch Office
  • Affiliate – Affiliate

In this category, the employee must have worked in either a managerial or executive capacity, for the related company abroad, for at least a one-year period in the three years preceding the transfer. The employee should be coming to the United States Company to function in an executive or managerial capacity, or the employee may already be in the U.S. in a non-immigrant visa status such as the L-1A or one of the E visa classifications.

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