The EB-1 category is reserved for individuals with extraordinary ability and achievements in the sciences, arts, education, business or athletics. Proving “extraordinary ability” requires evidence of either a major internationally recognized award (such as a Nobel Prize) or evidence of three out of ten specific factors, plus demonstration of sustained national or international acclaim. The factors that the USCIS considers are:
- Awards for achievements in your field of expertise
- Membership in associations that require outstanding achievement as a requisite for membership
- Published material about you or your work
- Evidence that you have judged the work of others
- Original and significant contributions in your field
- Authorship of scholarly articles
- Having your work displayed at exhibitions
- Performance in a leading/critical role for an organization with a distinguished reputation
- Receipt of a high salary in comparison with others in your field
- Commercial success in the performing arts
The EB-1 visa is a great option for accomplished professionals who wish to immigrate to the United States to continue to work in their field of expertise. Some of the benefits of the EB-1 include the facts that “labor certification” is not required, that no job offer is needed, and that “priority dates” are generally current (meaning if the petition is approved, the applicant can be immediately issued the visa instead of having to wait for a visa to become available).
The EB-1 process consists of two basic steps: (1) the filing of the I-140 petition, where we submit written arguments that you meet all the specific regulatory requirements along with thorough documentary evidence, and (2) the filing of the I-485 seeking adjustment of status to that of “legal permanent resident” or LPR. While it is possible to file the I-140 and the I-485 concurrently, we find it is often a better practice to wait to file the I-485 until after we receive approval of the I-140, so as not to risk your having to pay the I-485 fees twice. However, each case is unique, and we work closely with each client to create a plan that meets the needs of the situation.
At MJ Law we have obtained EB1 “green cards” for a wide variety of accomplished professionals, including scientists, musicians, film directors, researchers, business professionals and entrepreneurs, among others. Contact our office to have your case evaluated by an attorney and to discuss options tailored to your specific circumstances.
