Employment-Based First Preference (EB-1) Categories
If a foreign national employee is eligible for one of the first preference, employment-based immigrant visa categories, employers may skip the PERM application procedure. Aliens with exceptional talent, great professors and researchers, and specific global managers and executives are some of these types.
Aliens of Extraordinary Ability
The "O" nonimmigrant visa category is comparable to the immigrant category for aliens of remarkable ability. The foreign national must have achieved consistent success on a national or worldwide level in the arts, business, education, sports, or sciences. The foreign person must also intend to join the country with the intention of continuing to work in the field of outstanding talent, and entering the country must "significantly benefit prospectively" the US. There is no demand for an employment offer.
The foreign national's outstanding talent and accomplishments must be well-documented and must show that he or she is one of a select group who have attained the pinnacle of a particular field of endeavour.
The foreign national must fulfil three of the ten requirements listed below, or present proof of a singular accomplishment (such as a Pulitzer, an Oscar, or an Olympic medal): Evidence of I receiving lesser-known national or international prizes or awards for excellence; (ii) membership in an association requiring exceptional achievement as determined by reputable national or international experts; (iii) published content about the person's work in professional publications written by others; (iv) serving as a judge of others' work; and (v) original scientific research, academic, artistic, or business-related work; A high income or remuneration in comparison to others in the field; (vii) artistic displays or showcases; (viii) performances in a leadership or cultural capacity for organisations or establishments with a renowned reputation; (ix) financial success in the performing arts.
Outstanding Professors or Researchers
Qualification standards for exceptional professors and researchers are a little less stringent than those for extraordinary talent in aliens.
Outstanding professors are those who have at least three years of teaching or research experience in a certain academic field and are well-known internationally in that field. In addition, the person must apply for entry into the US in order to accept a tenure-track or permanent employment, or to do indefinite-term research at a university or for a commercial business. At least three full-time researchers must be employed by private companies, and they must have a track record of success in academic fields. In addition, the individual must offer proof of at least 2 of the following: Evidence of original scientific research, participation on a panel or individually as a judge of the work of others in the same or related academic fields, publication in professional publications written about the person's work, receipt of significant prizes or awards for outstanding achievement, membership in an association requiring outstanding achievement, publication in professional publications written by others about the person's work, or authorship of scholarly books or articles
Certain Multinational Managers and Executives
The "L-1A" nonimmigrant visa classification is analogous to the immigrant category for some multinational managers and executives. The individual must have worked for a company, corporation, or other legal entity, or a subsidiary or affiliate thereof, outside of the United States for at least one continuous year during the three-year period prior to being transferred there, in an executive or managerial capacity, and for at least one of those years in an executive or managerial capacity. Furthermore, the applicant must be looking to work for the same firm (or a subsidiary or affiliate of that employer) in a managerial or executive capacity. Additionally, the potential U.S. employer must have been in operation for at least a year.