EMPLOYMENT BASED FIRST PREFERENCE CATEGORYThe employment based first preference category is divided into three categories:
Aliens with extraordinary ability
Extraordinary ability means a level of expertise indicating that the individual is one of that small percentage who has risen to the top of his or her field of endeavor. To be considered as an alien with extraordinary ability, the alien must have sustained national or international acclaim in the field of science, art, education, business or athletics, which must be recognized in the form of extensive documentation. The alien must be seeking to enter the United States to continue work in the field, and the entry of such alien must substantially benefit prospectively the United States.
Although no offer of employment (including labor certification) is required, for aliens with extraordinary ability the alien must include with the petition convincing evidence that he or she is coming to continue work in the area of expertise. Evidence may include letter(s) from prospective employer(s), evidence of prearranged commitments, such as contracts, or a statement from the beneficiary detailing plans for continuing work in the United States.
Outstanding Professors and Researchers
An alien may qualify as an outstanding professor or researcher if the alien:
1. is recognized internationally as outstanding in a specific academic area;
2. has at least 3 years of experience in teaching or research in the academic area; and
3. has the required offer of employment.
Aliens coming to the United States as outstanding researchers or professors do not require labor certification. However, such aliens must have a letter from:
1. a U. S. university or institution of higher learning offering the alien a tenured or tenure-track teaching or research position in the academic field; or
2. Department, division, or institute of a private or non-profit employer offering the alien a comparable research position in the academic field. The department must demonstrate that it employs at least three persons full-time in research positions, and that it has achieved documented accomplishments in the academic field.
Certain Multinational Executives and Managers
An alien may qualify as multinational executive or manager if:
1. during the 3 year period preceding the time of the alien’s application for classification and admission into the United States, the alien has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof; and
2. the alien seeks to enter the United States in order to continue to employment with the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.
No labor certification is required for Certain Multinational Executives and Managers. However, the prospective U.S. employer must furnish a job offer in the form of a statement which indicates that the alien will be employed in the United States in a managerial or executive capacity. The letter must clearly describe the duties to be performed.
Do you qualify for the employment based first preference category?An alien of extraordinary ability may file an immigrant visa petition, form I-140, on his or her own behalf with the U.S. Citizenship and Immigration Services (USCIS). Other employer-sponsored immigrants must be beneficiaries of approved petitions filed by the employer. The petition is filed with the USCIS office having jurisdiction over the area of intended employment.
Note: The decision whether a person is qualified for registration in the employment based first preference category is made by USCIS. Questions about eligibility for such status or filing a petition should be addressed to the appropriate USCIS office. The Embassy cannot answer questions concerning eligibility to register in this category.
For more detailed information on immigrating as a priority worker please click here.
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