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Employment-Based Immigration

Extraordinary Ability (EB-1A)

Permanent Residency through Extraordinary Ability
The regulations follow legislative history by defining extraordinary ability as a level of expertise indicating that the individual is one of a small percentage who has risen to the very top of the field of endeavor. Workers of extraordinary ability are defined by statute as those who can show that they have 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.

Basic Requirements
a. No Job Offer or Labor Certification Required

  1. One of the main advantages of classifying an individual as an EB-1 worker of extraordinary ability is that neither a job offer nor a labor certification is required. Although an employer can petition for an EB-1 worker of extraordinary ability, the alien can petition for himself or herself (self-petition) without an employer.
  2. Whether the petitioner is an employer or the alien, the petition must include evidence that the individual will continue to work in the United /states in the area of expertise. Such evidence includes:

    • letters from prospective employers;

    • evidence of prearranged commitments for employment; or

    • a description of how he or she will continue to work in the filed in the United States.

b. Criteria for Qualifying Extraordinary Ability
Applicant must demonstrate “sustained or international acclaim” and that he/her achievements have been recognized in his/her field of expertise. Evidence shall include evidence of a one-time major international recognized award, or if the applicant does not possess such an award then demonstrating any three of the following criteria:

  • (1) Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor (Academic awards to students are generally ignored);
  • (2) Membership in associations in the field that demand outstanding achievement of their;
  • (3) Published material about the applicant in professional or major trade publications or other major media;
  • (4) Participation as a judge of the work of others;
  • (5) Evidence of the applicant's original scientific, scholarly, artistic, athletic, or business related contributions of major significance in the field;
  • (6) Authorship of scholarly articles in the field;
  • (7) Display of the applicant's work at artistic exhibitions or showcases;
  • (8) Evidence that the applicant has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
  • (9) Evidence that the applicant commands high remuneration in relation to other in the field; or
  • (10)Evidence of commercial success in the performing arts, as shown by
    box office receipts or record, cassette, compact disk, or video sales.

If the above criteria do not apply, the regulations also allow for “other comparable evidence”.

Application Procedures
For the past decade, our firm has successfully represented hundreds of Extraordinary Ability cases throughout the world. In order to assure the success of your case, we strictly follow the following three-step application procedures:

Case Evaluation
We usually provide you with a brief evaluation over the phone to determine if your qualification generally fits this category. If we believe your qualification meets the basic requirements of EB-1, we will e-mail you an Evaluation Packet for you to complete. Your case will be presented at our firm’s evaluation meeting for assessment. Our attorney will then call you to go through the details of the evaluation and assess the probability of approval of your case.

Preparing Application
(1) You shall provide our firm with information and copies of documentation
according to our Information List.
(2) We will help you draft testimonial letters supporting the contention that you have
reached the very top of your field.
(3) We prepare petition forms and most importantly the petition letter that contains
detailed legal analysis of your case to convince USCIS that you are qualified for
permanent residency through EB-1 Extraordinary Ability.
(4) We send the entire case to you for your review and signature.

Filing Application
(1) We will file your EB-1 petition with USCIS office having jurisdiction over your case.
(2) Upon approval of your EB-1 petition, we will help you to obtain permanent residence through either adjustment of status inside the U.S. or consular processing overseas.
(3) We will assist you in making decisions whether to file your EB-1 petition concurrently with your adjustment of status application

 

 

 

 



Wang & Associates, P.C. Attorneys at Law
3296 Summit Ridge Pkwy, Suite. 2020, Duluth, GA 30096
770-495-5906 (phone) 770-495-5911 (fax) secretary@wa-law.net
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