EB-1: Extraordinary ability, Outstanding Professors, Managers/Execs.
§ 203(b)(1) the
Immigration and Nationality Act of 1952 ("Act"), Pub.
L. No. 82-414, 66 Stat. 163,
8 U.S.C. § 1153(b)(1).
(c) 1999 VIKRAM BADRINATH, P.C. All rights reserved.
The "Employment Based First Preference" petition is an immigrant petition which allows an alien to apply for lawful permanent residence in the United States on the basis of their training and/or talent. The first preference category includes: (1) aliens of extraordinary ability in the sciences, arts, education, business or athletics, (2) outstanding professors and researchers, and (3) multinational managers and executives.
In order to be eligible to apply for lawful permanent residence in the Employment Based First Preference category, an alien must be the beneficiary of an approved and current (e.g., priority date is available) Immigrant petition from U.S. INS classifying him as being eligible to immigrate in the First Preference category. Members of the First Preference category are not required to be the beneficiary of an approved labor certification application, but outstanding professors and researchers and multinational managers must have an offer of employment from a United States employer.
The first step is the filing of an "Immigrant Petition for Alien Worker" by a U.S. employer on behalf of the alien on U.S. INS Form I-140. This form is filed directly with the U.S. INS office that has jurisdiction over the place of employment or intended employment. The U.S. INS approval of the I-140 makes the foreign national eligible to file an application for permanent residence (e.g., adjustment of status) in the First Preference category.
In addition, the filing date of the Petition will establish the priority date for the alien. Before an alien may file an application for permanent resident status, the priority date must be approved and current (e.g., available.) If an alien with an approved I-140 Petition is then residing in the United States in valid status at the time the priority date becomes current, the alien may file for Adjustment of Status directly with a local U.S. INS office on Form I-485. See Adjustment of Status. If an alienl is not residing in the United States when the priority date becomes current, he must file an application for an immigrant visa at the United States Consulate in his home country, based on the U.S. INS approval of the Petition for Alien Worker. See Consular Processing.
For more information about Employment Based Immigration, please contact us by email, telephone, or fax or schedule an appointment to have your individual case discussed and analyzed by an attorney.