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Foreign Nationals of Extraordinary Ability, Outstanding Professors and
Researchers and Multinational Executives and Managers: Individuals in
this category can petition for permanent residency without having to go
through the lengthy labor certification process.
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 Immigration
and Naturalization Service, an applicant must demonstrate that they have
achieved world-wide acclaim for their work. This can be demonstrated by
showing that the applicant has received the highest possible award in
their 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 Immigration and Naturalization Service demonstrating that they have
received world-wide 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 has the qualifications and duties of an executive
or manager.
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