The EB-1 Extraordinary Ability category is a green card option for individuals with exceptional abilities in certain fields who wish to immigrate to the United States. This category is intended for those who have achieved extraordinary levels of expertise and recognition in their respective fields.
Here’s a comprehensive overview of the EB-1 Extraordinary Ability green card category, including its uses and requirements:
- Overview:
The EB-1 Extraordinary Ability category is part of the employment-based first preference (EB-1) visa classification. It allows individuals with extraordinary ability in the sciences, arts, education, business, or athletics to obtain permanent residency (green card) in the United States. - Requirements:
To qualify for the EB-1 Extraordinary Ability category, you must meet the following requirements:
a. Extraordinary Ability: You must demonstrate extraordinary ability in your field, which means you have risen to the very top of your field of endeavor. Your abilities should be significantly above the ordinary level of expertise, and you must provide evidence of sustained national or international acclaim.
b. Fields of Endeavor: Extraordinary ability can be demonstrated in the sciences, arts, education, business, or athletics. USCIS defines “extraordinary ability” differently for each field, but the standard is generally high.
c. Extensive Documentation: You must provide extensive documentation to prove your extraordinary ability. This may include evidence of major international awards, published works, media coverage, high salary or remuneration, participation as a judge of others’ work, membership in exclusive associations, and more.
d. National/International Recognition: You must demonstrate that you have achieved national or international recognition in your field through extensive documentation.
- Uses:
The EB-1 Extraordinary Ability green card category offers several benefits:
a. Direct Path to Green Card: Unlike some other green card categories, the EB-1 Extraordinary Ability category does not require a labor certification from an employer. This means you can self-petition for the green card without a job offer or sponsorship.
b. Priority Dates: The EB-1 category is classified as a “priority worker” category, which means there is no backlog for visa numbers. This results in a faster processing time compared to other employment-based green card categories.
c. Flexibility: Once you have obtained the EB-1 Extraordinary Ability green card, you are not required to maintain a specific job or employer. You have the flexibility to work in any field or for any employer of your choosing.
- Process:
The process for obtaining an EB-1 Extraordinary Ability green card involves the following steps:
a. Form I-140: You must file Form I-140, Immigrant Petition for Alien Worker, with the United States Citizenship and Immigration Services (USCIS). This petition serves as evidence of your extraordinary ability and includes extensive supporting documentation.
b. Premium Processing: Premium processing, which requires an additional fee, allows for expedited processing of the I-140 petition. This generally results in a faster adjudication of your application.
c. Adjustment of Status or Consular Processing: If you are already in the United States, you can file for Adjustment of Status (Form I-485) to obtain your green card. If you are outside the United States, you will go through consular processing at a U.S. embassy or consulate.
d. Biometrics and Interview: As part of the process, you may be required to attend a biometrics appointment and an interview with USCIS. These steps are meant to verify your identity and assess the validity of your application.
- Legal Assistance:
Given the complexity of the application process and the need for extensive documentation, it is highly recommended to seek the assistance of an experienced immigration attorney to guide you through the EB-1 Extraordinary Ability green card process. An attorney can help ensure that you meet all the requirements, gather the necessary evidence, and submit a strong and persuasive petition.
Here are the specific forms of evidence you must satisfy for the 10 specific criteria:
- Receipt of Awards: Evidence of having received lesser nationally or internationally recognized prizes or awards for excellence in your field.
- Membership in Associations: Evidence of membership in associations in the field, which demand outstanding achievement from their members.
- Media Coverage: Evidence of published material about you in professional, major trade publications, or other major media.
- Judging Others’ Work: Evidence that you have served as a judge of the work of others in your field or an allied field, either individually or on a panel.
- Original Contributions: Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field.
- Scholarly Articles: Evidence of your authorship of scholarly articles in professional journals or other major media in your field.
- Artistic Exhibitions or Showcases: Evidence that your work has been displayed at significant artistic exhibitions or showcases.
- Leading or Critical Role: Evidence of your performance in a leading or critical role for organizations or establishments that have a distinguished reputation.
- High Salary: Evidence that you command a high salary or other significantly high remuneration in relation to others in the field.
- Commercial Successes: Evidence of your commercial successes in the performing arts, as shown by box office receipts or other indicators.
These criteria are meant to demonstrate the applicant’s sustained national or international acclaim and recognition in their field of expertise.