Jethmalani & Nallaseth PLLC

EB-1: Priority Workers

First Preference

This category covers aliens who are known as priority workers, i.e. those with Extraordinary Ability, outstanding professors & researchers and certain multinational executives & managers. A firm job offer is not required for an applicant who qualifies as an alien of extraordinary ability in this group, therefore, he/she may file his/her petition directly with the USCIS, rather than going through an employer. However, the alien must show that he/she intends to continue working in the same field in which he/she has an extraordinary ability.

Multinational Executives and Managers also fall within the first preference category and are exempt from Labor Certification requirements. However, it is only if the US employer has a ‘qualifying relationship’ with a Company outside the US (i.e. parent/ subsidiary/ branch/ affiliate), with whom the manager / executive was employed for at least one year in the last three, in a managerial/ executive position, that the employee could qualify as an EB-1 Executive or Manager. The requirements are similar to an L-1 visa and so this category is most used by L-1A Managers/ Executives who decide to adjust their non-immigrant status to that of an immigrant while working in the US. A labor certification is not required for this preference group.