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EB-1 Priority Workers

Green Card Without Filing Labor Certification/PERM

The EB-1 preference category consists of (1) persons of extraordinary ability, (2) outstanding professors and researchers and (3) executives and managers of multinational employers. These three categories of foreign workers are also referred to as priority workers.

Persons of extraordinary ability (EB-1A) may become permanent residents without undergoing the labor certification process. In fact, such persons do not need an offer of employment from a US employer since they are permitted to self-petition. You must be able to demonstrate extraordinary ability in the sciences, arts, business, education or athletics through sustained national or international acclaim. Your achievements must be recognized in your field. An individual of extraordinary ability is one who belongs to that small percentage who has risen to the very top of the field of endeavor. The eligibility criterion is demanding and extensive documentation is required.

The second subcategory, outstanding professors and researchers (EB-1B), requires that you be internationally recognized as outstanding in your specific academic area and that you meet certain other requirements (such as three years teaching or researching experience in the field and a tenure or tenure-track position). This requires the foreign national to have a job offer.

To obtain permanent residence as a multinational executive or manager (EB-1C), the foreign national must have been employed in a managerial or executive capacity for at least one out of the past three years. The past employment must be with the same employer, an affiliate, a parent or a subsidiary.

Contact the Law Offices of Sweta Khandelwal to see if you can potentially qualify for one of these categories of Immigrant Visas. Foreign entrepreneurs with a demonstrated track record may qualify for EB-1A or even the EB-1C (if they have an overseas business). Indian and Chinese professionals who are waiting for their green cards under the EB-2/EB-3 categories to start their own ventures may find it frustrating to wait for years. They should try to see if they qualify.