A. First Preference

The First Preference is for "priority workers" and includes individuals of extraordinary ability, outstanding professors or researchers, and certain executives and managers of multinational corporations. Because Congress regards them as priority workers, they are exempt from Department of Labor requirements for labor certification.

1. Extraordinary ability

The first subgroup of the priority worker category is reserved for applicants with extraordinary ability in the sciences, arts, education, business, or athletics. The CIS considers "extraordinary ability" to be a level of expertise indicating that the individual is one of a few who have risen to the top of his/her field. The petitioner must demonstrate extraordinary ability through extensive documentation showing sustained national or international acclaim, and that the foreign national’s achievements have been recognized by others in the field of expertise. The regulations provide a list of criteria for guidance, which are summarized below: § Major prizes or awards.§ Memberships in organizations which require outstanding achievement.§ Cites to or articles about the individual’s work.§ Participation as a judge of the work of others.§ Evidence of original scientific, scholastic, artistic, athletic or business‑related contributions.§ Authorship of scholarly articles.§ Artistic exhibitions or showcases.§ Performance in a leading or cultural role for organizations that have a distinguished reputation.§ High salary in relation to others in the field.§ Commercial success in the performing arts.§ Other comparable evidence.

2. Outstanding Professors or Researchers

The second subgroup of the priority worker category is reserved for certain professors or researchers who are internationally recognized as being outstanding in specific academic areas. The applicant must have at least three years teaching or research experience. Under certain conditions the CIS will count teaching or research experience gained while working toward an advanced degree. The individual must either be (a) in a tenure‑track position teaching or conducting research at a university, or (b) in a research position with a private employer who employs at least three full‑time researchers and who has achieved documented accomplishments in the academic field. As with extraordinary ability, the petitioner must demonstrate outstanding ability through extensive documentation showing international recognition in the field. The regulations provide a list of criteria for guidance, which are similar to extraordinary ability: § Major prizes or awards.§ Membership in organizations which require outstanding achievement.§ Cites to or articles about the individual’s work.§ Participation as a judge of the work of others.§ Evidence of original scientific research.§ Authorship of scholarly articles or books

3. Multinational Executives and Managers

The third subcategory of priority workers is reserved for certain executives and managers of multinational companies. To be eligible the manager or executive must have been employed at least one of the three preceding years by the overseas parent, subsidiary, affiliate, or branch of the U.S. employer. They must have filled a position in a managerial or executive capacity for at least one year, and be coming to the U.S. to fill a position in a similar capacity. The petitioner must document that the proper relationship exists between the two entities. In some cases a joint‑venture may be acceptable to the CIS. In situations where there is less than 50% ownership, there might be equal control and veto power. The CIS definition of "managerial capacity" includes both managers of an organization and managers of a function; however, first line supervisors are not considered managers unless the employees they supervise are also professionals.