Ans:

The employment-based first preference is divided into three categories: 1) extraordinary ability aliens, 2) outstanding professors and researchers, and 3) managerial or executive transferees. The labor certification requirement does not apply to this "priority worker" preference. Therefore, if an alien qualifies for a first preference, the processing time is likely to be much shorter.

Aliens of "extraordinary ability" in the sciences, arts, education, business or athletics can apply under employment first preference. A specific job offer is not required for an alien in this group as long as the alien is entering the United States to continue work in the field in which he/she claims extraordinary ability. Extraordinary ability is defined as a level of expertise indicating that the individual is one of those few who have risen to the top of the field of endeavor. In order to qualify under this category, the alien must show:

1. Evidence of a one-time achievement (i.e., a major, internationally-recognized award), or
2. At least three of the following:
• receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor,
• membership in associations in the field which require outstanding achievements as judged by recognized national or international experts,
• published material about the alien in professional or major trade publications or other major media,
• participation on a panel or individually as a judge of the work of others in the field or an allied field,
• original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field,
• authorship of scholarly articles in the field, in professional or major trade publications or other major media,
• display of the alien's work at artistic exhibitions or showcases,
• evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation,
• evidence that the alien has commanded a high salary or other high remuneration for services, or
• evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

Aliens who are outstanding professors and researchers can apply under employment first preference. However, unlike aliens of extraordinary ability, the outstanding professor or researcher must have an existing job offer. In order to file under the category, the alien must provide evidence of at least 2 of the following:

• receipt of major prizes or awards for outstanding achievement in the academic field,
• membership in associations in the academic field, which require outstanding achievements of their members,
• published material in professional publications written by others about the alien's work in the academic field,
• participation on a panel, or individually, as the judge of the work of others in the same or an allied academic field,
• original scientific or scholarly research contributions to the academic field, or
• authorship of scholarly books or articles, in scholarly journals with international circulation, in the academic field.

In addition, the following requirements must be met:

1. evidence the beneficiary has at least years of experience in teaching and/or research in the academic field; and
2. if you are a university or other institution of higher education, a letter indicating that you intend to employ the beneficiary in a tenured or tenure-track position as a teacher or in a permanent position as a researcher in the academic field, or
3. if you are a private employer, a letter indicating that you intend to employ the beneficiary in a permanent research position in the academic field, and evidence that you employ at least three full-time researchers and have achieved documented accomplishments in the field.

Multinational executives and managers are the last group qualifying for employment first preference. To be included in the group, the alien must have been employed at least one year in the preceding three years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer, and he or she must be coming to work in the United States in a managerial or executive capacity.

If the alien is already in the U.S. working for the same employer, or a subsidiary or affiliate of the firm or corporation or other legal entity, by which the alien was employed abroad, he/she was employed by the entity abroad in a managerial or executive capacity for at least one year in the 3 years preceding his/her entry as a nonimmigrant;

• the prospective employer in the U.S. is the same employer or a subsidiary or affiliate of the firm or corporation or other legal entity by which the alien was employed abroad;
• the prospective U.S. employer has been doing business for at least one year; and
• the alien is to be employed in the U.S. in a managerial or executive capacity and describing the duties to be performed.