Pederson Immigration Law Group, P.C. - FAQ: EB-1 Extraordinary Ability

FAQ: EB-1 Extraordinary Ability

Tuesday, 05 January 2010

EMPLOYMENT-BASED, FIRST PREFERENCE (EB-1) EXTRAORDINARY ABILITY FAQs

What is an EB-1 employment-based immigrant petition?

EB-1 is an immigrant visa classification which allows foreign nationals who have demonstrated ‘extraordinary ability’ in the sciences, arts, education, business, or athletics to obtain permanent residency in the U.S. Your achievements must:

•	Have resulted in sustained national or international acclaim, and

•	Be recognized in the field through extensive documentation.

2.	What is the definition of ‘extraordinary ability’ for purposes of an EB-1?

	‘Extraordinary ability’ means a level of expertise indicating that you are one of that small percent who has risen to the very top of your field of endeavor.

Who is eligible to apply for EB-1 visa as an alien with ‘extraordinary ability’?

You must be a foreign national who:

•	Possesses ‘extraordinary ability’ in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation;

•	Seeks to enter the U.S. to continue work in the area of ‘extraordinary ability’; and

•	Upon entry into the U.S., will substantially prospectively benefit the U.S.

What evidence must I provide to receive classification as an EB-1 alien of ‘extraordinary ability’?

Your petition for an alien of extraordinary ability must be accompanied by evidence that you have sustained national or international acclaim and that your achievements have been recognized in the field of expertise. Such evidence must include evidence of a one time achievement (that is, a major, internationally recognized award, such as a Pulitzer Prize), or at least three of the following:

•	Documentation of receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;

•	Documentation of your 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;

•	Published material about yourself in professional or major trade publications or other major media, relating to your 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;

•	Evidence of your participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;

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

•	Evidence of your authorship of scholarly articles in the field, in professional or major trade publications or other major media;

•	Evidence of the display of your work in the field at artistic exhibitions or showcases;

•	Evidence that you have performed in a leading or critical role for organizations or establishments that have a distinguished reputation;

•	Evidence that you have commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or

•	Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales

5.	Is a sponsoring employer required in order to receive an EB-1?
	A sponsoring employer is not required. However, the petition must demonstrate that the applicant is coming to the United States in order to continue to work in the field in which he has demonstrated extraordinary ability and a job offer from an employer is therefore often an important part of the application though not a necessity.

6.	How do I know if I’m extraordinary enough?
	Our experienced professionals at Pederson Immigration Law Group would be delighted to review your credentials and speak with you regarding your eligibility to apply for an EB-1 immigrant visa application.

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