EB-1 Extraordinary Ability:
Under the Immigration and Nationality Act of 1990 (“INA”), Aliens of Extraordinary Ability in the sciences, arts, education, business, or athletics may petition for immigrant visas under the Employment Based First Preference category (“EB-1”).
To be eligible for Legal Permanent Residence under this category, you must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Furthermore, your achievements must be recognized in your field through extensive documentation. However no offer of employment is required, though it is beneficial to have an actual offer of permanent employment.
In order to qualify the evidence you submit must demonstrate both a “level of expertise indicating that the individual is one of the small percentage who have risen to the very top of their field of endeavor” and “that the alien has sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise”. Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010).
In addition, you must meet 3 of 10 criteria below, or provide evidence of a one-time achievement such as the Pulitzer, an Oscar, or an Olympic Medal. However it is best to meet as many of these criteria as possible.
- Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence. This must normally be more than an academic award, scholarship, or educational grant.
- Evidence of your membership in associations in the field which demand outstanding achievement of their members. A qualifying membership will be one that requires a vetting or review process. If working in a particular field and paying membership dues is all that is required, such memberships will not satisfy this particular criteria.
- Evidence of published material about you in professional or major trade publications or other major media. Both digital and print media are acceptable. While articles in smaller circulation papers or websites may satisfy this requirement, establishing a larger circulation or viewership will increase your chance of establishing this criteria.
- Evidence that you have been asked to judge the work of others, either individually or on a panel. This can take many forms, such as peer review for professional journals or judging competitions for awards in a given professional field.
- Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field. This criteria can be met by establishing that you have published original work, introduced a new technique, or patented a particular process or technology.
- Evidence of your authorship of scholarly articles in professional or major trade publications or other major media. This is more than a university news publication. The wider the circulation, bigger Impact Factor, or number of citations are all significant factors.
- Evidence that your work has been displayed at artistic exhibitions or showcases. You will want to be able to provide media reports and similar coverage to establish that your exhibition or showcase was significant in your artistic field.
- Evidence of your performance of a leading or critical role in distinguished organizations. Roles such as CEO, principal musician, or lead researcher would be considered a critical role. A distinguished organization is one that would carry considerable weight in your field, as attested to by your professional peers.
- Evidence that you command a high salary or other significantly high remuneration in relation to others in the field. This is a difficult criteria to meet unless reliable financial information can be obtained for others in your field.
- Evidence of your commercial successes in the performing arts. This criteria is more than merely making a profit. The greater your profit, rate of profit growth, sales of downloads and CDs are all significant factors.
If you believe that you can meet the above criteria contact us today for a free consultation. You should provide your CV or resume, a short description of your work in your chosen field, and a list of 5-15 distinguished professionals familiar with your work that you believe would be willing to write letters in support of your immigration petition.
"Immigration Law is a mystery and a master of obfuscation, and the lawyers who can figure it out are worth their weight in gold." - Karen Kraushaar, INS Spokesperson, Washington Post, April 2001