You may be eligible for an employment-based, first-preference visa if you are an alien of extraordinary ability, are an outstanding professor or researcher, or are a certain multinational executive or manager. A “visa” in this context means a green card or lawful permanent residence. Each occupational category has specific requirements that must be met.
Obtaining a U.S. green card under EB1 category is typically easier than doing so in any other employment-based visa categories. The reason is that the employer does not need to start by attempting to recruit U.S. workers for the job and then seeking labor certification (confirmation that no such workers are available) on the employee’s behalf. This process tends to take many months and involve staggering complexity.
In fact, within the subcategory for workers of extraordinary ability (described below), the foreign national does not even need a job offer from a U.S. employer at all.
To qualify for this category, you must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. This list is open-ended, and extraordinary ability in all fields are accepted. The person’s achievements must have been publicly recognized and resulted in a period of sustained national or international acclaim. This often involves showing that the foreign national is a widely acknowledged leader in the particular artistic, educational, business, or athletic field.
No job offer is needed in this subcategory, so long as the foreign national will continue working in the field of expertise after arriving in the United States. However, if the worker has received a job offer from a U.S. employer, that will always boost her/his chance of getting the EB1 application approved.
You may qualify for the Extraordinary Ability category in different ways.
First: Provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal). However, there are many fields where there is no one-time achievement like those mentioned above. Therefore, Courts made it flexible if there are no-time achievements in your field. If evidence of one-time achievement does not apply to the alien’s occupation, comparable evidence is accepted. However, the comparable evidence must meet two elements to qualify (1) level of expertise indicating that the individual is one of that small percentage who has risen to the very top of their field of endeavor and (2) that the alien has
sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise.
Chat with us
Our friendly team is here to help
Second: If that petitioner does not submit this evidence of either one-time achievement or comparable evidence, then he or she must provide sufficient qualifying documentation that meets at least three of the ten categories listed at 8 C.F.R. § 204.5(h)(3)(i) – (x). Those categories are:
(i) Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
(ii) Documentation of the alien’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
(iii) Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation;
(iv) Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought;
(v) Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
(vi) Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media;
(vii) Evidence of the display of the alien’s work in the field at artistic exhibitions or showcases;
(viii) Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
(ix) Evidence that the alien has commanded a high salary or other significantly high remuneration for services, about others in the field; or
(x) There is evidence of commercial success in the performing arts, as shown by box office receipts or records, cassette, compact disk, or video sales.
(xi) Comparable evidence
This is simply a summary of the law, and it is not always easy to tell what type of job offers, or individual applicants, will successfully qualify in the EB-1 category. For more information, please contact us.