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Category I in employment based category is for:

  • Foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics;
  • Foreign nationals who are outstanding professors or researchers; and
  • Foreign nationals who are managers and executives subject to international transfer to the United States.

Alien of extraordinary ability application may self-petition and does not require a sponsoring employer, however foreign outstanding researcher and/or professor and multinational manager must have a sponsoring employer.

Extraordinary Ability Aliens

Alien’s entry into the US must substantially benefit the US. No labor certification is required for this category i.e. a specific job offer is not required for an alien in this category. Aliens with extraordinary ability are those with “extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation.” The alien may submit the following evidence in order to show extraordinary ability.

  • Nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
  • Alien’s membership in associations in the field for which classification is sought, which demand outstanding achievement of their members, as judged by recognized international experts in their disciplines or field;
  • Published material about the alien in professional or major trade publications or other major media;
  • Evidence that the alien has judged the work of others, either individually or on a panel;
  • Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
  • Published material about the alien in professional or major trade publications or other major media;
  • Alien’s authorship of scholarly articles in professional or major trade publications or other major media;
  • Alien’s work has been displayed at artistic exhibitions or showcases;
  • Performance of a leading or critical role in distinguished organizations;
  • Alien commands a high salary or other significantly high remuneration in relation to others in the field; and
  • Evidence of commercial successes in the performing arts.

Outstanding Professors and Researchers

Under this category, an outstanding professor or researcher must have at least three years’ of experience in teaching or research in that academic area, AND enter the U.S. in a tenure or tenure track teaching or comparable research position at a university or other institution of higher education or with a private company employing three or more full-time researchers and an established record of documented accomplishments. Experience in teaching or research can be counted while working on advanced degree if such degree was acquired and the alien had full responsibility for the class taught, or the research has been recognized as outstanding in the academic field. If the employer is a private company rather that a university or educational institution, the department, division, or institute of the private employer must employ at least three researchers (besides the applicant engaged) full time in research activities and have achieved documented accomplishments in an academic field.

No labor certification is required but a job offer is a requirement. Job itinerary must be submitted along with the I-140 petition. The alien has to submit letters from current as well as former employers documenting at least three years’ experience in teaching or research in the field. Further, documents evidencing prizes or awards or memberships or published material or similar must be shown to prove that the professor or researcher is recognized as outstanding.

Multinational Manager or Executive

Some executives and managers of foreign companies who are transferred to the U.S. are eligible for priority worker status if he or she has been employed at least one year (any time) in the preceding three years by the overseas affiliate, parent, subsidiary, or branch of the US employer and seeks to enter the U.S to continue service to that firm or organization in a managerial or executive capacity. (L-1A Visa) No labor certification is required but a job offer by the US company is required in this category.

We, at the Law Offices of Aditya Surti, LLC can help you in applying for immigrant visas on behalf of your alien workers. To schedule your appointment contact us at 201-518-6642201-518-6642 (Jersey City Office), 732-750-1269732-750-1269 (Woodbridge Office). You can also email us at info@surtilaw.com.