In one of the previous posts, you can read the list of employment preference groups. Please note that in almost every preference category, there are subcategories that each applicant needs to carefully look into before applying for any type of employment-based visa. Priority workers are those who are classified as the first preference category in employment-based visa applications.
Below is a short summary of the EB-1 subcategories:
1. Workers of Extraordinary Ability
If you have achieved either national and international recognition in the fields of sciences, arts, businesses or sports then you could fall under this subcategory. To prove such recognition, you would have to present extensive evidence of either national or international recognition that you have attained over a period of time. A job offer is not required for this subcategory.
2. Outstanding Professors and Researchers
If you have evidence showing your outstanding work or performance in your field of work and you have at least three years of work experience in your field, you could qualify for this subcategory. Unlike the previous subcategory, you would have to present a job offer from either a university or any comparable institution of higher learning for a tenured or tenure-track position. Employers in this case are required to present evidence of significant contributions in research. There should also be a minimum of three fulltime employees in that particular educational/research institution. Lastly, the position being offered to you should not have a limited duration but rather an indefinite end.
3. Multinational Executives and Managers
If you have been employed for at least one year within the last three years in a multinational corporation, you could consider applying for this subcategory. Please note, though, that the U.S. based company where you are intending to work should be the same one as the one where you have been employed. The U.S. company has to be either a branch, affiliate or joint venture of the company where you used to work. Your position should be the same both outside and inside the U.S. (either managerial or executive). In order to be considered a “manager” for immigration purposes, you need to have managed an organization, subdivision, department or any significant part of the organization. You should have supervised or managed other employees holding managerial positions. Thirdly, you should have been given the authority to make a decision on hiring or firing employees. Lastly, you should have the authority to manage the company’s operations on a daily basis. Please note that you need to meet all four requirements before you can consider yourself a “manager” for this visa subcategory.
As for executives, the first factor is similar to that of a manager – you need to supervise a certain component of the company. Second, you should have the authority to change the company’s policies and make other significant decisions that could affect the company’s overall operations. Lastly, you should only get supervision from shareholders or board of directors. This last factor is an important indication of your status in the company.
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