INTRO - FIRST PREFERENCE (EB-1) EMPLOYMENT BASED GREEN CARD CATEGORY

The first preference employment based green card category is available to aliens of "extraordinary ability", "outstanding professors and researchers", and "multinational executives and managers."  Like the National Interest Waiver (NIW), the approval of a PERM Labor Certification Application is not a requirement for this category. 

Please see below for more information pertaining to the sub-categories of EB-1:  "extraordinary ability", "outstanding professors and researchers", and "multinational executives and managers."

ALIENS OF EXTRAORDINARY ABILITY (EB-1(a))

An individual who falls into the extraordinary ability category of EB-1 is one who works in the sciences, arts, education, business or athletics.  Like the National Interest Waiver (NIW), aliens applying for a green card in this category may do so without having an offer of employment.  However, an applicant in this category does need to prove that he/she intends to continue to pursue his/her area of expertise in the U.S.  Furthermore, as "extraordinary ability" sugggests, an applicant in this category must be highly accomplished and have demonstrated "sustained national or international acclaim", which must be shown through extensive documentation, as discussed below.  Examples are top-rated athletes, well-known artists of various types, top scientists, engineers, doctors, researchers, journalists, etc.

"Extraordinary Ability" defined:  It is defined by 8 CFR 204.5(h)(2) as a "level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor." 

Suggested Evidence:  As stated above, an applicant in this category must demonstrate "sustained national or international acclaim" and high recognition in his/her field.   A highly prestigious international award, such as the Nobel Prize may be enough to prove this.  If an award of this nature is not available, then documentation of any three of the following is required:

1. Receipt of lesser nationally or internationally recognized prizes or awards for excellence;
2. Membership in associations that require outstandng achievements of their members, as judged by recognized national or international experts;
3. Discussion about the alien's work appearing in professional or major trade publications or other major media;
4. Participation, either individually or on a panel, as a judge of the work of others in the same or an allied field;
5. Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance;
6. Authorship of scholarly articles in professional or major trade publications or other major media;
7. Display of the alien's work at artistic exhibitions or showcases;
8. Performance in a leading or critical role for organizations or establishments that have a distinguished reputation;
9. Command of a high salary or other significantly high remuneration for services, in relation to others in the field;
10. Commercial successes in the performing arts, as shown by box office receipts or record, CD or video sales.