277 Dual Citizenship: FAM09-42.32(a) FIRST PREFERENCE - PRIORITY WORKERS (1) Entitlement to Status
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277 Dual Citizenship: FAM09-42.32(a) FIRST PREFERENCE - PRIORITY WORKERS (1) Entitlement to Status
(TL:VISA-48; 10-1-91)
An alien shall be classifiable as an employment-based first preference
immigrant under INA 203(b)(1) if the consular office has received
from INS a Petition for Immigrant Worker approved in accordance with
INA 204 to accord the alien such preference status, or official
notification of such an approval, and the consular officer is satisfied
that the alien is within one of the classes described in INA 203(b)(1).
(2) Entitlement to Derivative Status
(TL:VISA-48; 10-1-91)
Pursuant to INA 203(d), and whether or not named in the petition, the
child or spouse of a employment-based first preference immigrant, if not
otherwise entitled to an immigrant status and the immediate issuance of a
visa, is entitled to a derivative status corresponding to the
classification and priority date of the beneficiary of the petition.
RELATED STATUTORY PROVISIONS
INA 203(b), in part
(TL:VISA-55; 3-13-92)
(1) PRIORITY WORKERS.--Visas shall first be made available in a number
not to exceed 28.6 percent of such worldwide level, plus any visas not
required for the classes specified in paragraphs (4) and (5), to qualified
immigrants who are aliens described in any of the following paragraphs (A)
through (C):
(A) ALIENS WITH EXTRAORDINARY ABILITY.--An alien is described in this
subparagraph if-
(i) the alien has extraordinary ability in the sciences, arts, education,
business, or athletics which has been demonstrated by sustained national
or international acclaim and whose achievements have been recognized in
the field through extensive documentation,
(ii) the alien seeks to enter the United States to continue work in the
area of extraordinary ability, and
(iii) the alien's entry into the United States will substantially benefit
prospectively the United States.
(B) OUTSTANDING PROFESSORS AND RESEARCHERS.--An alien is described in
this subparagraph if-
(i) the alien is recognized internationally as outstanding in a specific
academic area,
(ii) the alien has at least 3 years of experience in teaching or research
in the academic area, and
(iii) the alien seeks to enter the United States-
(I) for a tenured position (or tenure-track position) within a university
or institution of higher education to teach in the academic area,
(II) for a comparable position with a university or institution of higher
education to conduct research in the area, or
(III) for a comparable position to conduct research in the area with a
department, division, or institute of a private employer, if the
department, division, or institute employs at least 3 persons full-time in
research activities and has achieved documented accomplishments in an
academic field.
(C) CERTAIN MULTINATIONAL EXECUTIVES AND MANAGERS.--An alien is described
in this subparagraph if the alien, in the 3 years preceding the time of
the alien's application for classification and admission into the United
States under this subparagraph, has been employed for at least 1 year by a
firm or corporation or other legal entity or an affiliate or subsidiary
thereof and the alien seeks to enter the United States in order to
continue to render services to the same employer or to a subsidiary or
affiliate thereof in a capacity that is managerial or executive.
(TL:VISA-48; 10-1-91)
For the provisions of INA 203(d), see section 42.31 (Related Statutory
Provisions).
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