Comparing the Three Groups in Priority Workers: Extraordinary Worker, Exceptional Professor/Researcher and Multinational Executive/Manager

by Victoria Chen, Esq., J.D.

Congress has made green cards easily available for certain businesspeople, professors and researchers, and people with special talents. Foreign persons qualifying in this category don’t need to show that no U.S. workers are available to do the job. Petitioners under EB1 category do not need labor certification before they do I-140 petition and therefore skip the cumbersome process. In addition, all EB-1 visas are current so foreign beneficiaries in this preference category do not need to wait in the line to obtain a green card. Because all these advantages of EB-1, many foreign nationals have set their goal on acquiring a green card via priority worker visa.

However, there are three groups in this preference and many foreign nationals are confused about regulations and qualifications around them. This article intends to do a basic introduction of these three subcategories in the context of labor certification, job offer and self-petition. There are 40,000 visas annually available under this category. Priority workers include:

aliens with extraordinary ability in the arts, sciences, business, education and athletics (EB1-A);
outstanding professors and researchers (EB1-B); and
managers and executives of international companies being transferred permanently to the U.S. (EB1-C).

Among these three groups, only foreign nationals seeking EB1-A classification can do self-petition. For aliens with extraordinary ability (EB1-A), not only labor certification is not required but the foreign person does not need to be sponsored by a U.S employer. These applicants may petition themselves. However, an applicant under subcategory two (EB1-B outstanding professors and researchers) and an applicant under subcategory three (EB1-C international managers and executives) need sponsorship from a U.S. employer.

Comparison of three Subcategories of EB-1:

	EB1-A: Aliens with Extraordinary Ability	EB1-B: Outstanding Professors and Researchers	EB1-C: International Managers and Executives
Labor Certificate	Not required	Not required	Not required
Self petition	Allowed	Not Allowed	Not Allowed
Qualification	(1)Extraordinary ability in sciences, arts, education, business, or athletics; (2) Continuance of the work in the field where they claim of extraordinary ability; and (3) the work will benefit the U.S. In addition, substantial documentation is required to prove extraordinary ability.	(1)International acclaim; (2) three year experience in teaching and research; and (3)tenured track or comparable position	(1)Having been employed in a managerial or executive capacity for at least one continuous year in the preceding three years by the overseas affiliate of the U.S. employer; and (2) coming to work in the United States in a managerial or executive capacity

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