EB Immigration-First Preference

An applicant is eligible for employment based first-category if the applicant can prove that he qualifies for one of the following:

1. Extraordinary Ability
2. Outstanding Professors and Researchers
3. Multinational Managers or Executives

Eligibility Criteria for each category:

Extraordinary Ability

Applicant must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Applicant’s achievements must be recognized in his field through extensive documentation. The benefit of this category is that no offer of employment is required. The applicant can file the petition by himself.

Evidence required:

Applicant must meet at least three or the ten criteria listed below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, and Olympic Medal)

1. Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence.
2. Evidence of your membership in associations in the field which demands outstanding achievement of their members.
3. Evidence of published material about you in professional or major trade publications or other major media.
4. Evidence that you have been asked to judge the work of others, either individually or on a panel.
5. Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field.
6. Evidence of your authorship of scholarly articles in professional or major trade publications or other major media.
7. Evidence that your work has been displayed at artistic exhibitions or showcases.
8. Evidence of your performance of a leading or critical role in distinguished organizations.
9. Evidence that you command a high salary or other significantly high remuneration in relation to others in the field.
10. Evidence of your commercial successes in the performing arts.

Outstanding Professors and Researchers

Applicant must be able to demonstrate international recognition for his outstanding achievements in his particular field. He must have at least three years of experience in teaching or research in his academic area. Applicant must be entering the United States in order to pursue tenure or tenure track teaching or comparable research position at University or other institution of higher education.

Evidence required:

Applicant must have an offer of employment from the prospective U.S. employer.

In addition, an applicant must also satisfy at least two of evidentiary criteria listed below:

1. Evidence of receipt of major prizes or awards for outstanding achievement;
2. Evidence of membership in associations that require their members to demonstrate outstanding achievement;
3. Evidence of published material in professional publications written by others about the alien's work in the academic field;
4. Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field;
5. Evidence of original scientific or scholarly research contributions in the field; and
6. Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.

Multinational Manager or Executive

Applicant must have been employed outside the United States in the three years preceding the petition for at least one year by a firm or corporation, and applicant must be seeking to enter the United States to continue service to that firm or organization. Applicant’s employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.

Evidence required:

Applicant’s petitioning employer must be a U.S. employer. Applicant’s employer must have been doing business for at least one year as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed you abroad.

First Preference (EB-1) Category FAQs