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:
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:
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:
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