EB-1: First Preference Employment Category

There are three subcategories which comprise the EB-1 classification:

  • Workers of extraordinary ability
  • Outstanding professors and researchers
  • Multinational executives and managers

When evaluating whether a worker fits the criteria for First Preference the petitioner should consider:

  • Exceptional ability in the sciences, arts, and/or business
  • Workers of exceptional ability in the arts and sciences

Whether the petitioner is the foreign national or the employer of the foreign national, the petition must include evidence that the individual will continue work in the United States in the area of expertise. Such evidence includes:

  • Letters from prospective employers;
  • Other evidence that includes prearranged commitments for employment; or
  • A description of how the individual will continue to work in the field here in the United States.

Requirements for Eligibility:

Workers of extraordinary ability are defined as those demonstrating an extraordinary ability in the arts, sciences, education, business, or athletics. In addition, this extraordinary ability must be demonstrated and documented by national and international acclaim as recognized in the field of endeavor.

In order to fulfill the extraordinary ability status the petition must include at least three of the following ten criteria:

  1. Receipt of lesser nationally or internationally recognized prizes or awards for excellence
  2. Membership in the associations in the field that demand outstanding achievements of their members
  3. Published material about the alien
  4. Evidence that the alien is a judge of work of others in the field
  5. Evidence of the alien's contributions of major significance to the field
  6. Authorship of scholarly articles
  7. Display of the Alien's work at the artistic exhibitions or showcases
  8. Evidence that the Alien has performed in a leading role for organizations that have a distinguished reputation.
  9. Evidence that the alien commands high remuneration in relation to others of the field
  10. Evidence of commercial successes in the performing arts