EB-1 Visa for individuals with extrodinary ability
The EB-1 visa is available to persons of “extraordinary ability,” “outstanding professors and researchers,” and certain “executives” and “managers” of multinational organizations. EB-1 applicants are exempt from obtaining a labor certification, although outstanding researchers and professors as well as multinational executives and managers must have an offer of employment. The applicant must demonstrate that he or she will continue to work in the same field after immigrating and will substantially benefit the U.S.
The Immigration and Nationality Act defines extraordinary ability” as “a level of expertise indicating that the individual is one of that small percentage who has risen to the very top of the field of endeavor.” To prove extraordinary ability, the applicant must present evidence of sustained national or international acclaim and that his or her achievements have been recognized. The evidence may include a one-time achievement, which is described as a major international award such as a Nobel Prize, an Olympic Gold Medal, or an Oscar. In the alternative, the applicant can show evidence of three of the following categories:
- Receipt of lesser nationally or internationally recognized prizes or awards for excellence;
- Membership in associations in the field which demand outstanding achievement of their members
- Published material about the alien in professional or major trade publications or other major media
- Evidence that the alien has judged the work of others, either individually or on a panel
- Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
- Evidence of the alien’s authorship of scholarly articles in professional or major trade publications or other major media
- Evidence that the alien’s work has been displayed at artistic exhibitions or showcases
- Performance of a leading or critical role in distinguished organizations
- Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field; and/or
- Evidence of commercial successes in the performing arts
The petition is filed with the appropriate USCIS Service Center while the alien is in the United States or abroad. If you are in the U.S. you may also file applications for Permanent Residence (adjustment of status), employment authorization and a travel permit (advance parole) at the same time. If you are abroad you may apply for Permanent Residence at a U.S. Consulate in your home country once the underlying petition is approved. Your immediate family (spouse and unmarried children under 21 years of age) may be included in your application for Permanent Residence.
As explained above, this classification does not require a labor certification or even an offer of employment in the U.S., therefore, it can take significantly less time than other methods of business or employment based immigration. During the labor certification process, the alien may be required to stay under the employment of the petitioning employer until the process has been finalized. Under the Extraordinary Ability classification however, the alien does not need to be associated with a particular employer and may even be self-employed. Also, as explained above, this classification allows the filing of the application for Permanent Residence concurrently with the visa petition, which is not allowed with most labor certification applications, making the process faster.
The attorneys at the Law Office of Yuri Tsyganov, PL have extensive experience in all issues concerning immigration law, including petitions for individuals with extraordinary ability. We have assisted numerous talented individuals from around the world, including professional tennis players, world class swimmers, and renowned film makers, with their immigration issues. Please keep in mind that before filing an immigrant petition for extraordinary ability, you should consult with an experienced immigration attorney to see if you qualify. Call us today for today.