(EB-1) WORKERS

EB-1 VISA Priority Workers

The EB-1 Priority Workers classification is open to individuals with extraordinary ability in the arts, sciences, education, business or athletics; to outstanding professors or researchers; or to managers and executives soon to be transferred to the U.S.

Procedures

Individuals with extraordinary ability may self-petition. All other EB-1 petitions should be filed by your employer.

Either the applicant or his or her employer should file-in Form I-140, the Petition for Alien Worker with the INS Regional Service Center that has jurisdiction over the location of the proposed employment. This form should contain all necessary documents and evidence. Labor certification is not required for EB-1 petitions.

Forms and Documents

Aliens with extraordinary ability are defined by INS as individuals with "extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation." The Nobel Prize or similar awards duly prove this status. However, there are alternative means of proving your extraordinary ability. The applicant should submit at least three of the following types of evidence:

1. Receipt of lesser recognized prizes or awards for excellence.
2. Membership in associations in the applicant's area which demand outstanding achievement of their members.
3. Published material about the applicant in major publications.
4. Proof that the applicant has judged others' works.
5. Proof that the applicant has made original contributions to his or her field.
6. Proof that the applicant has published articles about your field in major publications.
7. Proof that the work of the applicant has been displayed in exhibitions or showcases.
8. High status in a distinguished organization.
9. Proof that the applicant receives high payments for your work, in relation to his or her peers.
10. Proof of commercial success in the performing arts.

If the applicant is an outstanding professor or researcher, he should be internationally recognized in his field. The applicant is expected to come to the U.S. to accept a tenure track position, and the applicant should have had at least three years experience in that particular academic field.

The following evidence concerning the applicant's status should be provided: 

1. Receipt of major prizes or awards for outstanding achievement.
2. Membership in associations in the applicant's area which demand outstanding achievement of their members.
3. Published material about the applicant in major publications.
4. Proof that the applicant has judged others' works.
5. Proof that the applicant has made original contributions to his or her field.
6. Proof that the applicant has published articles about his or her field in major publications.