Immigrant Visas
Priority Workers (First Preference Category)
The employment-based, first preference category is divided into three categories:
Aliens with Extraordinary Ability
Extraordinary ability means a level of expertise that is associated with those who have risen to the top in a field of endeavor. To be considered an alien with extraordinary ability an alien must have sustained national or international acclaim in the field of science, art, education, business or athletics that can be proven through extensive documentation. The alien must be seeking to enter the U.S. to continue work in their field of endeavor and it is expected that the entry of such an alien will benefit the U.S. substantially.
Although no offer of employment (including labor certification) is required, for aliens with extraordinary ability the alien must include with the petition convincing evidence that he or she is coming 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 the beneficiary detailing plans for continuing work in the U.S.
Outstanding Professors & Researchers
An alien may qualify as an outstanding professor or researcher if the alien:
1. is recognized internationally as outstanding in a specific academic area;
2. has at least three years' experience in teaching or research in the academic area; and
3. has the required offer of employment.
Aliens coming to the U.S. as outstanding researchers or professors do not require labor certification. They do, however, have to have a letter from:
1. a U.S. university or institution of higher learning offering the alien a tenured or tenure-track teaching or research position in the academic field; or
2. a department, division, or institute of a private or non-profit employer offering the alien 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.
Certain Multinational Executives & Managers
An alien may qualify as multinational executive or manager if:
1. during the three year period preceding the time of the alien's application for classification and admission into the U.S., the alien has been employed for at least one year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof; and
2. the alien seeks to enter the U.S. in order to continue to employment with the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.
Certain multinational executives and managers do not require a labor certification. They do, however, have to provide a job offer letter from their prospective U.S. employer that indicates the alien will be employed in the U.S. in a managerial or executive capacity. The letter must clearly describe the duties to be performed.
Do you qualify for the employment-based, first preference category? What next?
An alien of extraordinary ability may file a Form I-140, Immigrant Petition for Alien Worker on his or her own behalf with the U.S. Citizenship and Immigration Services (USCIS) Nebraska Service Center. Other employer-sponsored immigrants must be beneficiaries of approved petitions filed by the employer.
Note: The decision on whether a person is qualified for registration in the employment-based, first preference category is made by USCIS. Explore the USCIS websitefor more information.The U.S. Embassy and consulates in Yemen cannot answer questions concerning eligibility to register in this category.