Employment Based Immigration Priority Workers

The first employment based preference category is for “priority workers.” There are three groups of priority workers and none are subject to a labor certification requirement.

The groups are: (1) individuals with extraordinary ability; (2) outstanding professors and researchers; and (3) multinational executives and managers.

EXTRAORDINARY ABILITY IN THE SCIENCES, ARTS, EDUCATION, BUSINESS OR ATHLETICS

Extraordinary ability means a level of expertise indicating that the individual is one of a small percentage who has risen to the very top of his or her field.

The following documentation must be submitted to the CIS:

• Evidence the individual has received a major, internationally-recognized award, OR
• At least three of the following:
1. Recognized prizes or awards for excellence in the field of endeavor. Grants or fellowships awarded to support future work are not considered to satisfy this criteria;
2. Membership in associations in the field, which require outstanding achievement of their members as, judged by recognized national or international experts. Applicants must submit evidence of the organization’s membership criteria;
3. Published material in professional or major trade publications or major media about the individual and his or her work in the field. Applicants must submit evidence of the publication’s importance (such as circulation). Moreover, the material must primarily be about the applicant, and not simply mention the applicant incidentally;
4. Participation on a panel, or individually, as a judge of the work of others in the same or an allied field. This criteria is not applicable to those for whom judging the work of others is inherently a part of their job duties;
5. Original scientific, scholarly, artistic, athletic, or business related research contributions of major significance in the field. The applicant must demonstrate that his or her work has been recognized nationally and internationally by independent experts as having influenced the field as a whole;
6. Authorship of scholarly articles in the field in professional journals or other major media. Applicant must establish that his or her articles are viewed as more influential and important than those of others in the field;
7. Display of the individual’s work at artistic exhibitions or showcases. Applicant must establish the importance of the venue;
8. Evidence the individual has had lead, starring, or critical roles for organizations or establishments that have a distinguished reputation;
9. Evidence the individual has commanded a high salary or other high remuneration for services in relation to others in the field;
10. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disc, or video sales; or

If the above standards do not apply, the individual may submit comparable evidence to establish eligibility.

OUTSTANDING PROFESSORS OR RESEARCHERS

If the employer is a university or institution of higher education, the individual must be coming to assume a tenured or tenure track teaching position OR a permanent research position in the area of expertise.

If the employer is a department, division, or institute of a private employer, the individual must be employed in a permanent research position. The department, division or institute must employ at least three full-time researchers and have achieved documented accomplishments in an academic field.

The term “permanent” in reference to a research position means either tenured or tenure track, OR the employment is for a term of indefinite or unlimited duration and in which the employee will ordinarily have an expectation of continued employment (unless there is good cause for termination). Normally, Postdocs do not qualify since the appointment is for a limited time period. However, the Postdoc might qualify, in fact, for the National Interest Waiver green card. If you are a postdoc, please contact us for an evaluation.

A U.S. employer applying for an outstanding professor or researcher must file the petition with:

Evidence that the professor or researcher has at least three years of experience in teaching and/or research in the academic field. Experience in teaching or research while working on an advanced degree will only be acceptable if the person has achieved the degree and the research conducted toward the degree has been recognized as outstanding, or if the teaching duties were such that he or she had full responsibility for the class taught.

Evidence that the professor or researcher is recognized internationally as outstanding in his or her academic field. The person should stand apart in the academic or scientific community through eminence and distinction. This evidence shall consist of at least two of the following:

1. Receipt of major prizes or awards for outstanding achievements in the academic field;
2. Membership in associations in the academic field, which require outstanding achievements of their members;
3. Participation on a panel, or individually, as the judge of the work of others in the same or an allied academic field. Ph.D thesis direction demonstrates an individual’s outstanding ability as a judge of the work of others;
4. Published material in professional publications written by others about the individual’s work in the academic field. A footnoted reference to the individual’s work without evaluation, an unevaluated listing in a subject matter index, or a negative or neutral review of his or her work would be of little value. However, peer reviewed articles in scholarly journals, letters from other scholars on how the professor or researcher has contributed to the field and entries in a citation index citing the work as authoritative in the field are solid pieces of evidence;
5. Authorship of scholarly books or articles, in scholarly journals with international circulation, in the academic field. Peer recommendation letters should include references to specific papers, their impact and that they appeared in prestigious journals of international circulation. Letters should note the impact of the article in subjective terms, if possible. For example, “From my travel to international meetings and professional interactions in our field, I note that Dr. XXX’s article is widely discussed and has been the basis of numerous research proposals”;
6. Original scientific or scholarly research contributions to the academic field. Patents or patent applications are not very important unless they demonstrate an international reputation in the field.

EXCEPTIONAL ABILITY IN THE SCIENCES, ARTS OR BUSINESS

Employment based second preference is for individuals with advanced degrees or who are deemed to have demonstrated exceptional ability in the sciences, arts, or business. Employment based second is also the category for the national interest waiver green card.

Exceptional ability individuals possess a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business. They have attained a status in their field, which colleagues recognize. This category may, for example, be used by individuals who possess a bachelor’s degree, or no degree, as long as it is established that their work is in the National Interest.

An individual meeting the criteria for exceptional ability does not need a labor certification or job offer if exemption from these normal requirements would be in the National Interest. Exceptional ability is not to be confused with the priority worker extraordinary ability category.

To show that the person is of exceptional ability in the sciences, arts, or business at least three of the following must be submitted:

1. An official academic record showing that the person has a degree, diploma, certificate, or similar award form a college, university, school or other institution of learning relating to the area of exceptional ability;
2. Evidence that the person has at least ten years of full-time experience in the occupation for which employment is sought;
3. A license to practice the profession or certification for a particular profession or occupation;
4. Evidence that the person has received a salary, or other remuneration for services, which demonstrates exceptional ability;
5. Evidence of membership in professional associations;
6. Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or business organizations;
7. If the above standards do not apply, the person may submit comparable evidence to establish eligibility.

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