The Employment-Based first preference category, known as EB-1, is intended for individuals with exceptional abilities, including those who possess extraordinary abilities, outstanding researchers and professors, and managers and executives of multinational organizations.
Green Cards for Individuals with Extraordinary Ability
To qualify for an EB-1 visa, individuals can demonstrate their eligibility as a Person of Extraordinary Ability. This category allows for immigration to the United States without requiring an offer of employment. Unlike other categories, there is no need to go through the PERM filing process, resulting in faster processing times.
Who is Eligible as a Person of Extraordinary Ability?
To be considered a Person of Extraordinary Ability, applicants must prove exceptional achievements in fields such as sciences, arts, education, business, or athletics, with national or international recognition. Extensive documentation is necessary to demonstrate these accomplishments. This classification is reserved for individuals who have reached the highest level of expertise and acclaim in their respective fields.
Applicants can meet the eligibility criteria by providing evidence of a significant achievement award (e.g., an Oscar, Pulitzer Prize, Olympic Medal) or by fulfilling at least three of the following criteria.
Criteria for Extraordinary Ability Green Card:
- Proof of receiving nationally or internationally recognized prizes or awards for excellence
- Membership in associations that require outstanding achievements in the field
- Published material about the applicant in professional publications or major media
- Participation as a judge of others' work in the field
- Significant contributions of major importance in the sciences, arts, education, business, or athletics
- Authorship of scholarly articles in professional publications or major media
- Display of work at artistic exhibitions or showcases
- Leading or critical role in distinguished organizations
- Commanding a high salary or significantly high remuneration in the field
- Commercial successes in the performing arts
Similarly, EB-1 applications can be filed as an Outstanding Professor or Researcher or as an Executive or Manager. To qualify as an Outstanding Professor or Researcher, international recognition in a specific academic field, at least 3 years of teaching or research experience, and a job offer from a U.S. employer are required. Evidence supporting at least two criteria must be provided.
Criteria for Outstanding Professor or Researcher:
- Receipt of major prizes or awards for outstanding achievement
- Membership in associations that require outstanding achievement
- Published material written by others about the applicant's work in the academic field
- Participation as a judge of others' work in the field
- Original scientific or scholarly research contributions in the field
- Authorship of scholarly books or articles in international publications
To qualify for EB-1 as an Executive or Manager, the petitioner must be a U.S. employer, the employer must have been in business for at least 1 year, the applicant must have been employed by the same employer outside the U.S. for at least 1 of the previous 3 years, and the applicant must be seeking to continue service for that employer in a managerial or executive capacity.
The application process involves filing Form I-140, Petition for Alien Worker, either by the applicant (Extraordinary Ability) or by the U.S. employer (Outstanding Professors and Researchers, Multinational Managers or Executives). The employer must demonstrate the ability to pay the offered wage.
For further assistance, contact the Law Offices of Keshab Raj Seadie at (212) 571-6002 or [email protected].
