McLean's Immigration Law PLLC: Immigration and Nationality Law

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Temporary Visas Employment Ba Family Based Permenant Visas U.S. Citizenship
Employment-Based Immigration

EB-1 Priority Workers

The EB-1 category is available to the following:

Aliens of Extraordinary Ability
The regulations follow legislative history by defining extraordinary ability as a level of expertise, indicating that the individual is one of a small percentage who has risen to the very top of the field of endeavor. Workers of extraordinary ability are defined by statute as those who have 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. One of the main advantages of classifying an individual as an EB-1 worker of extraordinary ability is that neither a job offer nor a labor certification is required.

Outstanding Professors and Researchers
These workers are professors and researchers who are internationally recognized for their outstanding achievements. The foreign national must be internationally recognized as outstanding in a specific academic field, must have a minimum of three years of experience in teaching and/or research in that field, and enter the United States in a tenure or tenure-track teaching or comparable research position at a university or other institution of higher education, or in a comparable research position with a private employer under certain circumstances. There is no labor certification required.

Certain Multinational Executives and Managers
This is reserved for executives and managers of foreign companies who are transferred to the same or a related company in the United States. A multinational manager or executive may qualify for priority worker status if he or she has been employed outside the United States in a managerial or executive capacity for at least one of the three years immediately preceding the filing of the petition, or, in the case of a foreign worker presently in the United States, one of the three years preceding entry to the United States as a nonimmigrant. There is no labor certification required.

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