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EMPLOYMENT-BASED

IMMIGRATION PETITION

PRACTICE AREAS

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Employment-Based Immigration Petition
Temporary Work Visas
Family-Based Immigration Petition
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EB1A Extraordinary Ability 

Introduction

Extraordinary ability petition must demonstrate that the individual has 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. 

  

Additionally, the individual must seek to enter the United States to continue work in the area of extraordinary ability, and show that his or her entry into the United States will substantially benefit prospectively the United States.

Who can submit EB1A petition?  

Individual who satisfies the EB1A legal requirement may submit the petition on his or her behalf. Job offer is NOT required to submit EB1A.  

What are the key requirements of an EB1A petition? 

Extraordinary ability means a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor. 

USCIS determines extraordinary ability based on a two-step analysis

Step 1: EB1A case must first satisfy either one of the following 2 options: 

Option 1:

One-time achievement (major, internationally recognized award) 

Option 2 – satisfy at least 3 out of following 10 categories:

  1. Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor; 

  2. 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; 

  3. Published material (including title, date, and author of the material, and any necessary translation) about the individual in professional or major trade publications or other major media, relating to the individual’s work in the field for which classification is sought.  

  4. 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; 

  5. Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field; 

  6. Authorship of scholarly articles in the field, in professional or major trade publications or other major media; 

  7. Display of the individual’s work in the field at artistic exhibitions or showcases; 

  8. Performance in a leading or critical role for organizations or establishments that have a distinguished reputation; 

  9. Evidence of high salary or other significantly high remuneration for services, in relation to others in the field; or 

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

Note: If the above categories do not readily apply to the occupation, the individual may submit comparable evidence to establish extraordinary ability. 

  

  

Step 2: Totality of the evidence must demonstrate that the individual satisfies the following:

 

(1) a level of expertise indicating that he or she is one of that small percentage who have risen to the very top of the field of endeavor; and

 

(2) has sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise.

When can I get my green card?  

EB1A approval does not automatically result in an immigrant status. Approval means that USCIS has determined that the individual is qualified to become a lawful permanent resident (LPR or “green card” holder) under this immigrant visa category.  

  

The individual must separately apply to become a lawful permanent resident.  

Additional Resources: 
  • Kazarian vs. USCIS - link 

 
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