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EB-1 GREEN CARD (EXTRAORDINARY ABILITY)

The EB-1 green card is an option for people who have excelled in their field of work above and beyond the usual expectations. If you can demonstrate that you are an expert in a particular field (e.g. musician, artist, businessman, athlete, researcher, etc.) by providing evidence of awards of excellence, recommendations from leaders in the particular industry along with proof that you are able to financially support yourself in that line of work, you may be eligible for an extraordinary ability visa. There is no specific minimum credential requirement to file an EB-1 visa, it is determined by the USCIS on a case-by-case basis.  

Obtaining an EB-1 visa is a 2-step process.  The first step is the visa application itself, which is filed with the USCIS.  The petition will include documentation evidencing your eligibility for the EB-1 extraordinary ability visa.  The second step of the process is the issuance of the green card subsequent to an interview at a US consulate overseas, or through the Adjustment of Status process from within the United States.

If you think you may be eligible for an EB-1 visa, please contact us for a free consultation.

Advantages for filing an EB-1 are:

1)      No labor certification is required for this category;  

2)      No job offer or permanent job position is required for aliens of extraordinary ability; and

3)      Faster to obtain a Green Card than the EB-3 or EB-2 immigration categories

Eligibility Criteria

Categories

Description

Evidence

Extraordinary Ability

You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment or labor certification is required.

You must meet 3 of 10 criteria* below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal)

 

Outstanding professors and researchers

You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education.

You must include documentation of at least two of the criteria listed below** and an offer of employment from the prospective U.S. employer.

 

* Criteria for Demonstrating Extraordinary Ability
You must meet 3 out of the 10 listed criteria below to prove extraordinary ability in your field:

         Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence

         Evidence of your membership in associations in the field which demand outstanding achievement of their members

         Evidence of published material about you in professional or major trade publications or other major media 

         Evidence that you have been asked to judge the work of others, either individually or on a panel

         Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field

         Evidence of your authorship of scholarly articles in professional or major trade publications or other major media 

         Evidence that your work has been displayed at artistic exhibitions or showcases 

         Evidence of your performance of a leading or critical role in distinguished organizations 

         Evidence that you command a high salary or other significantly high remuneration in relation to others in the field

         Evidence of your commercial successes in the performing arts

** Examples of Documentary Evidence That A Person is an Outstanding Professor Or Researcher

         Evidence of receipt of major prizes or awards for outstanding achievement 

         Evidence of membership in associations that require their members to demonstrate outstanding achievement 

         Evidence of published material in professional publications written by others about the alien's work in the academic field

         Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field

         Evidence of original scientific or scholarly research contributions in the field 

         Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field