FIRST PREFERENCE: "PRIORITY WORKERS"

No Labor certification is required in the three sub-categories that make up the first preference.

A.     Aliens with extraordinary ability in science, arts, education, business or athletics

1.     An alien with extraordinary ability in science, art, 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; and

2.     The alien seeks entry to continue to work in this area of extraordinary ability.

This category is intended for "the small percentage of individuals who have risen to the very top of their field of endeavor."

Proof of extraordinary ability:

The receipt of a major international award, e.g. a Nobel Prize would be convincing proof.

An alternative to such an award would be documentation establishing three of any of the following categories:

1. Receipt of lesser nationally or internationally recognized prizes or awards.
2. Membership in an association in the field for which classification is sought, which requires outstanding achievement of their members, or judged by recognized national or international experts.
3. Published material about the person in professional or major trade publications or other major media.
4. Participation as a judge of the work of others.
5. Evidence of original scientific, scholastic, artistic, athletic or business-related contributions of major significance.
6. Authorship of scholarly articles in the field.
7. Artistic exhibitions or showcases.
8. Performance in a leading or cultural role for organizations or establishments that have a distinguished reputation.
9. High salary or remuneration in relation to others in the field.
10. Commercial success in the performing arts.

If the above standards do not apply to a specific occupation, it is possible to submit "comparable evidence."

It is also important to note that proof of three from the above ten items, is not conclusive proof of extraordinary ability.  The INS may require additional information and/or proof.

B.     Outstanding Professors And Researchers

The alien must be internationally recognized in a special area and must have 3 years of experience in teaching or research in the academic area.

The position sought must be a tenure (or tenure track) teaching position or comparable position.  A comparable position with a private employer to conduct research is also permitted in certain circumstances.

C.     Certain Multinational Executives And Managers

It is a very important category for qualifying executives and managers of multinational corporations for a green card, because you do not need a Labor Certification.  In other words, you need not show that there is a shortage of U.S. executives or managers who can do that job.

However, the Immigration Service narrowly defines the term “Manager” and the existence of a multinational corporation is no guarantee that a Manager or Executive will qualify in this category.