EB-1 Priority Workers

a)Persons Of extradinary ability the field of Sciences, art, education, business or atheletics
b)Outstanding professors and researchers
c) Multinational Executives and Managers

No labor certification is needed for the above mentioned EB-1 petitions. While the EB-1 worker of extraordinary ability may petition for himself or herself. However an employer is a must to file the petition for an outstanding professor or researcher and a multinational executive or manager.

a)Persons Of extradinary ability in the field of Sciences, art, education, business or athletics
The worker may also submit "other comparable evidence" if the following criteria do not apply:

»  Receipt of lesser nationally or internationally recognized prizes or awards for excellence;

»  Membership in associations in the field which demand outstanding achievement of their members;

»  Published material about the alien in professional or major trade publications or other major media;

»  Evidence that the alien has judged the work of others, either individually or on a panel;

»   Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;

»  Evidence of the alien's authorship of scholarly articles in professional or major trade publications or other major media;

»   Evidence that the alien's work has been displayed at artistic exhibitions or showcases;

»  Performance of a leading or critical role in distinguished organizations;

»  Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field;

»   Evidence of commercial successes in the performing arts.

b)Outstanding professors and researchers
The labor certification requirement for the green card application are granted a waiver for persons qualifying in the EB1 category of "Outstanding Researcher or Outstanding Professor" (EB1-OR). However they must have an offer of employment. Evidence that the professor or researcher is recognized as outstanding in the academic field must include documentation of at least two of the following:

»  Receipt of major prizes or awards for outstanding achievement;

»  Membership in associations that require their members to demonstrate outstanding achievements;

»  Published material in professional publications written by others about the alien's work in the academic field;

»  Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field;

»  Original scientific or scholarly research contributions in the field;

»  Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

C) Multinational Executives and Managers
Requirements-
Employer is a must
Labor Certification –Not Required

The petitioner must be a U.S. employer, doing business for at least one year, that is an affiliate, a subsidiary, or the same employer as the firm, corporation or other legal entity that employed the foreign national abroad.

Members of the professions holding advanced degrees or their equivalent

Requirements-
Employer is a must
Labor Certification –Not Required

A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate) and the alien possesses such a degree or the equivalent.

The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree.

The petition can also for alien who has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty.

Exceptional Ability in the Sciences, Arts, or Business

Requirements-
Employer- Required
Labor Certification – Required

In order to be classified as having exceptional ability in the sciences, arts, or business , the individual must provide documentation of three of the following:

»  Letters documenting at least ten years of full-time experience in the occupation being sought;<br>
»  An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;

»  A license to practice the profession or certification for a particular profession or occupation;

»  Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;

»  Membership in professional associations.

»  Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.

National interest Waiver

Requirements-
Employer –Not required
Labor Certification –Not Required

If you are a worker with exceptional ability in the sciences, arts, or business, you may apply to waive the requirement that you have a job offer if such a waiver would be in the national interest. To apply for a national interest waiver, you must submit Department of Labor Form ETA-750B.

»  Aliens with at least two years of experience as skilled workers;

»  Professionals with a baccalaureate degree; and

»  Other workers with less than two years experience, such as an unskilled worker who can perform labor for which qualified workers are not available in the United States .

Skilled worker

This require at least two years of experience or training. The training requirement may be met through relevant post-secondary education.

Professionals

must hold a U.S. baccalaureate degree or foreign equivalent degree that is normally required for the profession. Education and experience may not be substituted for the degree.

Other workers

This category is for positions that require less than two years of higher education, training, or experience. However, due to the long backlog, a petitioner could expect to wait many years before being granted a visa under this category.