First Preference

Priority Workers – Persons of extraordinary ability in the sciences, education, arts, business or athletics: outstanding professors and researchers & certain multinational executives & managers.

Extraordinary ability means a level of expertise indicating that the individual is one of that small percentage who has risen to the top of his or her field of endeavor. To be considered as an alien with extraordinary ability, you must have sustained national or international acclaim in the field of science, art, education, business or athletics, which must be recognized in the form of extensive documentation.  In addition, you must be seeking to enter the United States to continue work in your field.

Although you do not require a job offer from a U.S. based employer, including labor certification, you will be required to include with the petition, Form I-140, convincing evidence that you are coming to the United States to continue work in the area of expertise. Evidence may include letter(s) from prospective employer(s), evidence of prearranged commitments, such as contracts, or a statement from yourself detailing plans for continuing work in the United States.

You will qualify as an outstanding professor or researcher if you:

  • are recognized internationally as outstanding in a specific academic area;
  • have at least 3 years of experience in teaching or research in the academic area; and
  • have the required offer of employment.

If you are coming to the United States as an outstanding researcher or professor you will not require labor certification.  However, you must have a letter from:

  • a U. S. university or institution of higher learning offering you a tenured or tenure-track teaching or research position in the academic field; or
  • a department, division, or institute of a private or non-profit employer offering you a comparable research position in the academic field. The department must demonstrate that it employs at least three persons full-time in research positions, and that it has achieved documented accomplishments in the academic field.

You will qualify as multinational executive or manager if:

  • during the 3 year period preceding the time of the your visa application you have employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof; and
  • you are entering the United States in order to continue the employment with the same employer or a subsidiary or affiliate thereof in a capacity that is managerial or executive.