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Qualifications: The First Employment-based preference has three
categories of eligibility: persons of extraordinary ability; outstanding
researchers and multinational managers and executives. Once a foreign
national has obtained an approved visa petition establishing eligibility
in one of the three categories, the applicant may apply for permanent
residence in the United States.
Extraordinary Ability: Persons of extraordinary
ability are those who have reached the top of their field of endeavor.
To demonstrate this level of achievement to the US Citizenship and Naturalization
Service, an applicant must demonstrate that he/she has achieved worldwide
acclaim for his/her work. This can be demonstrated by showing that the
applicant has received the highest possible award in his/her field, such
as a Nobel or Pulitzer Prize. If the applicant has not received such an
award, other evidence such as lesser awards, publications by and about
the applicant, letters of recommendation from other highly recognized
experts in the field, and other evidence may be submitted to demonstrate
the individual's extraordinary ability in the field.
Outstanding Researchers: Scientific and
other researchers who have a job offer in the United States, and three
years of research experience may apply for permanent residence under this
category of eligibility. Researchers must submit evidence to the US Citizenship
and Naturalization Service demonstrating that they have received worldwide
recognition for their research accomplishments. Such evidence may include
publications by and about the applicant, awards for work in the field,
letters of recommendation from experts in the field, and other evidence
demonstrating the importance of the researcher's accomplishments.
Multinational Managers and Executives:
Multinational companies seeking to transfer a manager or executive from
an overseas position to a similar U.S. position may apply for permanent
residence in the United States. The employer must submit evidence that
the executive or manager has been employed in the overseas operation for
one year or more, and he/she has the qualifications and duties of an executive
or manager.
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