The EB-1(1) Extraordinary ability category is designed for individuals who are part of the small percentage of people who have risen to the very top of their field in the following areas: science, arts, education, business, athletics.
Main Advantages – Self-sponsorship is possible, as neither an offer for employment in the United States nor a labor certification is required for the classification. Also, for the past few years, the visa numbers have been current in the first employment-based category, even for individuals born in China, and India, allowing for eligible individuals to by-pass the backlogs in some of the other categories and thus obtain legal permanent resident status relatively quickly without having to wait years for numbers to be current.
General Requirements – The petition must be accompanied by clear evidence that the alien is coming to the United States to continue work in the area of expertise. Such evidence may include letters from prospective employers, evidence of prearranged commitments such as contracts, or a statement from the beneficiary detailing plans on how he or she intends to continue his or her work in the United States.
Evidence – The government provides a broad list of items which may be used to document that the criteria are met: either evidence of a one-time achievement such as a major internationally recognized award like the Nobel Prize, or three of ten other possible forms of evidence. The complete list can be found on our Employment Based (EB) Immigrant Visa general summary. It is important to note that the submission of evidence in three of the ten categories may not be determinative, and that USCIS may require additional evidence. Once the applicant has provided the evidence in three categories, USCIS must still conduct a final merits determination to determine whether the individuals is at a level of expertise indicating she is one of that small percentage who have risen to the very top of the field or has sustained national or international acclaim.
Our Expertise – We provide a thorough evaluation of the applicant’s case by identifying its strengths and weaknesses as well as discussing strategies on how to increase the chance of success. We also actively support the individual throughout the application process by conducting information gathering sessions, coordinating the collection of evidence, guiding and reviewing recommendation letters from experts, and preparing a comprehensive cover letter that persuasively explains the individual’s EB-1 Extraordinary Ability eligibility. We can also advise on strategies to help retain the beneficiary in your employment.