students Logo
Home | Sitemap | Contact us | Search | Language
Visa Informations Australia | Switzerland Visa Informations |Visa Informations Singapore | Visa Informations Canada
Left Right
  Home >>Visa Information >> EB-1 Category-Priority Workers in USA


EB-l Category - Priority Workers
Eligibility and Filing
Indian Nationals with extraordinary ability are those having "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."

An Indian national must be one of "that small percentage who have risen to the very top of the field of endeavor," to be granted this classification.

For example, if an Indian candidate had received a major internationally recognized award, such as a Nobel Prize, he / she will qualify for an EB-l classification.

Other awards may also qualify if he / she can prove by way of documents that the award is in the same class as a Nobel Prize. Since few workers receive this type of award, alternative evidence of EB-l classification based on at least three of the types of evidence outlined below, is also permitted. The worker may submit" other comparable evidence" if the following criteria do not apply:

(1) Receipt of lesser nationally or internationally recognized prizes or awards for excellence

(2) Membership in associations in the field which demand outstanding achievement of their members

(3) Published material about the Indian candidate in professional or major trade publications or other major media

(4) Proof that the Indian candidate has judged the work of others, either individually or on a panel

(5) Proof of the Indian candidate's original scientific, scholarly, artistic, athletic, or business related contributions of major significance to the field

(6) Proof of the Indian candidate's authorship of scholarly articles in professional or major trade publications or other major media

 (7) Proof showing that the Indian candidate's work has been displayed at artistic exhibitions or showcases

(8) Performance of a leading or critical role in distinguished organizations

(9) Proof showing that he / she command a high salary or other significantly high remuneration in relation to others in the field

(10) Proof of commercial successes in the performing arts.

Outstanding professors and researchers are recognized internationally for their outstanding academic achievements in a particular field.

In addition, an outstanding professor or researcher must have at least three years experience in teaching or research in that academic area, and enter the U.S. in tenure or tenure track teaching or comparable research position at a university or other institution of higher education.

If the employer is a private company rather than a university or educational institution, the department, division, or institute of the private employer must employ at least three persons full time in research activities and have achieved documented accomplishments in an academic field.

Evidence that the professor or researcher is recognized as outstanding in the academic field must include documentation of at least two of the following:

(1) Receipt of major prizes or awards for outstanding achievement

(2) Membership in associations that require their members to demonstrate outstanding achievements

(3) Published material in professional publications written by others about the alien's work in the academic field

(4) Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field

(5) Original scientific or scholarly research contributions in the field

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

Some executives and managers of foreign companies who are transferred to the US may also qualify. A multinational manager or executive is eligible for priority worker status if he / she has been employed outside the US in the three years preceding the petition for at least one year by a firm or corporation and seeks to enter the US to continue service to that firm or organization.

The employment must have been outside the US in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.

The petitioner must be a US 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.

Note:

(1) EB-l category petitions do not require a labor certification.

(2) The Immigration petition for an Extraordinary Ability Category can be filed by an Indian worker himself / herself.

(3) The Immigration petition for an Outstanding Professor or Researcher and Multinational Executive or Manager must be filed by the US employer.

Left Right