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LAW
OFFICE OF AJAY K. ARORA |
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Disclaimer: This article is not intended to establish an attorney-client relationship. All information contained herein is generalized. Any reliance on information contained herein is taken at your own risk.
EB-1 Eligibility and Filing
This
category is for individuals of Extraordinary Ability under section 203(b)(1)(A)
of the Immigration and Nationality Act. To be eligible for EB-1 extraordinary
ability classification, an individual must meet the stringent statutory
requirement of showing that the individual has a high level of expertise
indicating that the individual is one of a small percentage who has climbed to
the top of his/her field of endeavor.
An
individual can request extraordinary ability classification by filing Form
I-140, Immigrant Petition for Alien Worker with the USCIS. Individuals who
qualify to file for this classification do not require a permanent job offer in
the United States as required for other classifications under the employment
based preference categories; do not require a labor certification from the
department of labor; and this petition can be filed by a foreign national
directly with the USCIS and does not require an employer to file on one’s
behalf.
Since
filing for classification as an individual of Extraordinary Ability under
section 203(b)(1)(A) process does not require a labor certification from the
department of labor, obtaining permanent resident status is faster than other
petitions which require labor certification.
Individuals
with extraordinary ability are those with "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." In
order to be eligible to qualify for permanent resident status under this
classification an individual must be one of "that small percentage who
have risen to the very top of the field of endeavor".
For
example, if you receive a major internationally recognized award, such as a
Nobel Prize, you will qualify for an EB-1 classification. Other awards may also
qualify if you can document that the award is in the same class as a Nobel
Prize. Since few workers receive this type of award, alternative evidence of
EB-1 classification based on at least three of the types of evidence outlined
below is permitted. The worker may submit "other comparable evidence"
if the following criteria do not apply:
1.
Receipt
of lesser nationally or internationally recognized prizes or awards for
excellence;
2.
Membership
in associations in the field which demand outstanding achievement of their
members;
3.
Published
material about the alien in professional or major trade publications or other
major media;
4.
Evidence
that the alien has judged the work of others, either individually or on a
panel;
5.
Evidence
of the alien's original scientific, scholarly, artistic, athletic, or
business-related contributions of major significance to the field;
6.
Evidence
of the alien's authorship of scholarly articles in professional or major trade
publications or other major media;
7.
Evidence
that the alien's work has been displayed at artistic exhibitions or showcases;
8.
Performance
of a leading or critical role in distinguished organizations;
9.
Evidence
that the alien commands a high salary or other significantly high remuneration
in relation to others in the field;
10.
Evidence
of commercial successes in the performing arts.
Letters
of recommendation from experts in the field or peers can be submitted with the
petition to verify the individual’s qualifications of extraordinary ability.
Recommendation letters should include the writer’s qualifications to issue such
a letter, and must address the foreign individual’s qualifications and
achievements and how such original contributions are of major significance; and
must detail the unique knowledge, skills, abilities and/or experience that sets
the individual apart from his/her peers.
Evidence
that the individual will continue to pursue his/her work within the
Please contact our law firm if you believe that you qualify for the EB-1 category.
[Note: Please consult with an attorney specializing in Immigration & Nationality law for professional advice in specific situations.]
Ajay K. Arora, Esq., is a prominent member of the
Immigration & Nationality bar in
Copyright © 1999, 2008 Ajay K. Arora, Attorney-at-Law, P.C. All rights reserved.