First preference (EB-1) applicants are entitled to 28.6 percent of the yearly worldwide limit of employment-based immigrant visas. There are three first preference (EB-1) sub-categories of applicants:

 

• Persons with extraordinary ability – Must demonstrate extraordinary ability in the sciences, arts, education, business, or athletics.These persons need not have specific job offers in the U.S. if they are entering the country to continue work in their fields of extraordinary ability.Such applicants can file their own Form I-140 petition.

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• Outstanding professors and researchers – Must have at least three years teaching or research experience and be recognized internationally. For these applicants, the prospective employer must provide a job offer and file a Form I-140 with USCIS.

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• Multinational managers or executives – Must have been employed abroad by a company in a control relationship with the U.S. employer for at least one of the three preceding years. For these applicants, the prospective employer must provide a job offer and file a Form I-140 with USCIS.

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Foreign nationals may apply for permanent residence (green card) in the United States based on their employment status. Each fiscal year, approximately 140,000 employment-based immigrant visas (green cards) are made available to qualified foreign nationals. These visas are divided into five preference categories denominated EB-1 through EB-5.

 

For some of the preference categories (categories EB-2 and EB-3), the foreign national’s prospective employer must obtain a labor certification from the Department of Labor. Pursuant to this certification process, the employer must establish, among other things, that there are insufficient minimally qualified U.S. workers to fill the applicant’s position at the prevailing wage for that position, and that employment of the foreign worker will not have an adverse effect on the wages and working conditions of similarly employed U.S. workers. Once certification is obtained, the employer, or in limited cases, the applicant, must file an Immigrant Petition for Alien Worker, Form I-140, with the U.S. Citizenship and Immigration Services (“USCIS”).

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