First preference (EB-1) priority workers consist of:

• Aliens of "Extraordinary Ability";
• Outstanding Researchers and Professors; and
• Multi-National Executives and Managers.

Foreign nationals can qualify as an alien of "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." To qualify for this category, a foreign national must show that (s)he is one of the "small percentage who have risen to the very top of the field of endeavor."

This can be done by showing that (s)he has received major international awards (e.g., a Nobel Prize or Academy Award). Absent such a specific award, the foreign national must provide at least three of the following types of evidence:

• Receipt of lesser nationally or internationally recognized prizes or awards for excellence.
• Membership in professional associations requiring members to have made outstanding achievements.
• Published material in scholarly or professional publications.
• Evidence that the foreign national judges the work of others in his/her field of endeavor.
• Evidence of the foreign national's original research and contributions of major significance to the field.
• Authorship of scholarly articles.
• Evidence that the foreign national's work has been displayed at artistic exhibitions or showcases.
• Evidence that (s)he has performed in a leading or critical role for organizations that have a distinguished reputation.
• Evidence that the alien has commanded a high salary compared to others in his/her field.
• Evidence of commercial success in the performing arts.
• Other comparable evidence.

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Outstanding professors and researchers who are internationally recognized for his/her outstanding achievements must be sponsored by an employer. To qualify as an outstanding professor or researcher, a foreign national must show that (s)he:

• Is recognized internationally as outstanding in a specific academic area.
• Has at least three years experience in teaching or research in the academic area.
• Seeks to enter the United States:
  • for a tenured position for a university or institution to teach in the academic area;
  • for a comparable position with a university or institution of higher education to conduct research in the area; or
  • for a comparable position to conduct research in the area with a department division or institute of a private employer if there are at least three persons working full time in research activities.

In order to show the above, the foreign national must provide evidence of at least two of the following:

• Receipt of major international awards or prizes for work in the particular field.
• Membership in professional associations requiring members to have made outstanding achievements.
• Published material in scholarly or professional publications written by others about the foreign national's work.
• Participation as a judge of the work of others in the field.
• Original scientific or scholarly research contributions in the field.
• Authorship of scholarly books or articles in journals with international circulation in the field.

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Executives or managers of foreign companies who are transferred to a U.S. affiliate, branch or subsidiary under a L-1 nonimmigrant visa, in most cases, can also apply for EB-1 status. The multi-national manager or executive must be sponsored by his/her employer. To qualify as a multi-national manager or executive, the foreign national must:

• Have been employed for at least one year in an executive or managerial capacity by a firm or corporation or other legal entity, affiliate, or subsidiary, within the preceding three years of the application.
• Be seeking to enter the U.S. in order to continue working for the same employer or for a subsidiary or affiliate in a "managerial or executive capacity".

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A foreign national requesting a green card under the EB-1 category files the Immigration and Naturalization Service's ("INS's") Form I-140 with the INS Service Center that has jurisdiction over the foreign national's place of work. The foreign national can include his/her spouse and dependents under 21 years old on his/her form I-140. For a listing of information required for an I-140 petition, click here. For information on the INS Service Centers, click here.

Once the I-140 petition is approved and an immigrant visa is available (i.e., there is no backlog of immigrant visas), the foriegn national will file an INS Form I-485 to request an adjustment of his/her status from "nonimmigrant" status to "immigrant" status. For a list of information required for an employment-based I-485 application, click here.

Approximately 40,000 visas are allocated to the EB-1 category annually.

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