Requirements for Permanent Residency as Priority Worker
EB-1 Category: Outstanding Professor or Researcher

For most individuals who will immigrate by way of a job offer, a permanent job offer is needed as well as an approved labor certification from the Department of Labor. However, certain individuals, such as outstanding professors or researchers are given priority in processing. Individuals who qualify are allowed to bypass the labor certification process, and visas are immediately available for them. An outstanding professor or researcher is defined as follows:

• Is recognized internationally (and meets 2 of 6 criteria as outlined below)
• Has at least three years of experience (teaching and/or research)
• Has job offer letter from university or "accomplished" firm

The following information details the requirements to be considered "outstanding" and lists the documents that will be required by INS.

International Recognition
An outstanding professor or researcher must be recognized internationally in his/her academic field. INS defines someone as internationally recognized if they can provide documents in two of the following areas:

A. Prizes or awards. Documentation of the alien's receipt of major prizes or awards for outstanding achievement in the academic field

B. Membership in elite associations. Documentation of the alien's membership in associations in the academic field which require outstanding achievements of their members

C. Articles written by others re: alien. Published material in professional publications written by others about the alien's work in the academic field. Such material shall include the title, date, and author of the material, and any necessary translation

D. Evidence of participation in review of others. Evidence of the alien's participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field

E. Original research or contribution. Evidence of the alien's original scientific or scholarly research contributions to the academic field

F. Books or articles. Evidence of the alien's authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field

Three Years of Experience
An outstanding professor or researcher must also provide evidence of at least three years of experience in teaching and/or research in the academic field. Experience in teaching or research while working on an advanced degree will only be acceptable if the degree has been acquired; also, teaching duties must have been such that he or she had full responsibility for the class taught, and any research conducted toward the degree must have been recognized within the academic field as outstanding. Evidence of teaching and/or research experience shall be in the form of:

1. Letter(s) from current or former employer(s). The letter must include the name, address, and title of the writer, and a specific description of the duties performed.

Offer of Employment
An outstanding professor or researcher must also have an offer of employment from a prospective United States employer as follows:

1. Letter from a U.S. university or institution of higher learning offering a tenured or tenure-track teaching position or a permanent research postion in the individual's academic field

2. Letter from a department, division, or institute of a private employer offering a permanent research position in the individual's academic field. The department, division, or institute must demonstrate that it employs at least three full-time researchers and that it has achieved documented accomplishments in an academic field.

For most individuals who will immigrate by way of their occupation, a permanent job offer is needed as well as an approved labor certification from the Department of Labor. However, certain individuals, such as those with "extraordinary ability" are given priority in processing. Individuals who qualify are allowed to bypass the labor certification process, and visas are immediately available for them. "Extraordinary ability" is defined as a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor. To qualify, the individual must meet the following requirements:

• Is recognized nationally or internationally;
• Has received a major internationally-recognized award, OR
  
• Meets at least 3 of 10 criteria as outlined below
  
• Is coming to the U.S. to continue work in the area of expertise
  

National or International Recognition
An individual with extraordinary ability must be recognized nationally or internationally in his/her field. INS defines someone as nationally or internationally recognized if they can provide documents showing receipt of a major internationally-recognized award. In lieu of a major award, documents may be provided in three of the following ten areas:

(i) Prizes or awards. Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor

(ii) Membership in elite associations. Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields

(iii) Articles written by others re: alien. Published material about the alien in professional or major trade publications or other major media, relating to the alien's work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation

(iv) Participation in review of others. Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought

(v) Original research or contribution. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field

(vi) Books or articles. Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media

(vii) Displays of alien's work. Evidence of the display of the alien's work in the field at artistic exhibitions or showcases

(viii) Evidence of alien's critical role in elite organizations. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation

(ix) High salary. Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field

(x) Commercial success. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales

(Note: If the above standards do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence to establish the beneficiary's eligibility)

Intent to Work in the U.S.
The individual must present clear evidence that he or she is coming to the U.S. to continue work in the area of expertise. Such evidence may include:

1. Letter(s) from prospective employer(s)
2. Evidence of prearranged commitments such as contracts
3. A statement detailing plans for continuing his/her work in the U.S.