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EB-1 Priority Workers

If you would like to acquire an EB-1 Priority Workers visa, give us a call at 646-461-6868 to get in touch with a New York immigration lawyer today.

As a branch of employment-based (EB) visas, those who are deemed “priority workers” can seek access into the United States through what is known as an EB-1 visa. Those who are interested in seeking entry into the U.S. through this method must have a U.S. employer fill out Form I-140 Immigrant Petition for Foreign Worker. Unlike other forms of work visas, there is no need for the employer to seek labor certification through this method. This is, however, one of the most popular forms of an EB visa and accounts for almost 30 percent of the limit for all annual EB immigrant visas.

The three categories of persons who qualify include the following:

  • Persons with Extraordinary Ability – These are people who have been deemed to have exceptional talent in their field – no matter whether it is science, art, education, business or athletics. To prove their exceptional talent, applicants must be able to provide supporting documentation. To apply, people who fit into this category do not need to have received a specific job offer – they only must be able to prove they intend to continue in their specific field. Thus, they do not need to be the beneficiary of someone; they can personally file Form I-140 Immigrant Petition for Alien Worker.
  • Outstanding Professors / Researchers – These are people who have a minimum of three years in the teaching or research profession and who have gained international recognition for their work. Applicants may be seeking tenure or may be looking for a position at one of the many prestigious colleges and universities throughout the nation. They must, however, have a specific job offer and must have a prospective employer file the Form I-140 on their behalf.
  • Multinational Managers / Executives – These are people who had continual employment for a minimum of three years at an affiliate, parent, subsidiary or branch of an employer within the United States. While working in the foreign country, they must also have been in a position of management or as an executive. Similar to professors and researchers, these are people who have specific job offers and must have an employer to file the Form I-140 on their behalf with the USCIS.
  • For each of the above categories, there are certain criteria that must be met for eligibility. For example, someone who is categorized as a person with extraordinary ability must have three out of the potential ten criteria before they are eligible to apply for an EB-1 visa.

    These include evidence of the following:

  • Internationally recognized prizes or awards
  • Membership in associations requiring excellence in the field
  • Publications with published material about your accomplishments
  • Proof you’ve been asked to judge others in your field
  • Significant original contributions to your field
  • Published articles you’ve authored in major media outlets
  • Work that has been displayed at exhibitions or showcases
  • Performance and participation in prestigious organizations
  • High salary in comparison to others in the field
  • Commercial success in the performance arts
  • Criteria must also be met be met by those who are claiming to be professors or researchers. This includes many of the above criteria, as well as other, more specific, criteria. Those who are categorized as outstanding professors and researchers may be required to show, for example, that they have been the recipient of a major award or prize, are members in organizations that demand excellence as a requirement of joining or even that there has been published material detailing their accomplishments.

    Helping Priority Workers Seeking an EB-1 Visa

    For those who are categorized as a priority worker, we at Pozo Goldstein, LLP can help. We know the requirements, the process and the steps that must be taken to help ensure that your legal rights are protected. If you have questions about petitioning for a visa or if you would like to learn about how the New York immigration attorneys from our firm can help you, we encourage you to contact us today.

    Over the years, we have been successful in helping countless clients to get their immigration issues sorted out. You can be confident knowing that should you work with us that we will go above and beyond for you. If you would like to learn more about our previous cases, please click here. You can also read through our blog or visit our video center to get more information from our firm. If you would like to contact us about your case consultation, give us a call at 646-461-6868 or use our online form to get in touch with a New York immigration lawyer today.