EveryBody's Guide to the Law

having written articles that have been published in professional journals or major trade publications
or other media; having played a leading role for organizations or establishments that
have a distinguished reputation; or having had commercial success in the performing arts.
In short, the alien must essentially be a household name in at least one country other than
their home country because of his or her accomplishments. Examples of priority workers
include brilliant scientists, acclaimed performing artists, economists, stellar athletes, bestselling
authors, star actors, well-known film directors, and top physicists.
Although an alien of extraordinary ability does not need to have an employment offer in
the United States to be admitted, he must demonstrate by clear and convincing evidence that
he is coming to America to continue work in his or her particular field of expertise.
Outstanding Professors and Researchers Outstanding alien professors and researchers may petition
for a green card without having to obtain a labor certification from the Department of Labor.
An “outstanding” professor or researcher is one who (1) is internationally recognized as outstanding
in a specific academic area; (2) has at least three years of teaching or research experience
in the field; and (3) seeks to enter the United States for a tenured position (or tenure-track
position) with a university or institution of higher learning to teach or conduct research.
Alternatively, an outstanding researcher who has achieved documented accomplishments
in his or her academic field will be permitted to immigrate to America for a comparable position
to those listed above with a private employer, if the private employer has at least three
persons engaged in full-time research activities.
Some of the criteria that are looked at include whether the alien has written scholarly books
or articles in international journals or has participated as a judge, either individually or on a
panel, of others in the same or a related academic field. The alien must have at least three years
of experience in teaching or research and have a job offer from an American university or research
institute for a tenured teaching or permanent research position. Without the requisite job offer
waiting for the alien, he or she will be denied entry into the United States as an immigrant.
Executives and Managers of Multinational Corporations Executives and managers of multinational
corporations are also eligible for immigrant status without having to obtain authorization
to work from the Department of Labor. A “multinational corporation” includes
corporations with branches, affiliates, or subsidiaries located in two or more countries, but are
owned by the same individual or corporation.
An “executive” is an employee who directs management of the corporation or a major component
of it, has broad discretion in decision making, and is under only general supervision by
higher-level executives or a board of directors. A “manager” of a multinational corporation
must manage a department, subdivision, or component of the corporation, and supervise and
control the daily work of other supervisory, managerial, or professional employees. The manager
must also have the authority to hire and fire or promote personnel he or she supervises.
A threshold requirement to qualify as an executive or manager for purposes of immigration
is that the alien must have been employed as an executive or manager by the multinational
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