Thursday, December 29, 2011

EB1: Extraordinary Ability


You may be eligible for an employment-based, first-preference visa if you have an extraordinary ability, are an outstanding professor or researcher, or are a multinational executive or manager. Each occupational category has certain requirements that must be met. We talk about extraordinary ability category in this blog only. 

The alien 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, may petition for green card without an employer. 


USCIS and INS have consistently recognized that Congress intended to set a very high standard for individuals seeking immigrant classifications as aliens of extraordinary ability.  Qualification under this classification is reserved for the small percentage of individuals at the very top of their fields of endeavor.
The regulation provides that a petition for an alien of extraordinary ability must be 
accompanied by initial evidence that the alien has achieved the requisite acclaim and recognition in the alien’s field of expertise.  Such evidence must be either a one-time achievement (that is, a major, internationally recognized award) or at least three out of the ten other types of evidence listed in the regulation (e.g., scholarly articles, high salary, commercial successes).


In adjudicating the petition, USCIS officers are required to evaluate the evidence submitted by the petitioner to determine, by a preponderance of the evidence, which evidence objectively meets the parameters of the regulatory description applicable to that type of evidence (referred to as “regulatory criteria”). USCIS officers are then required to  evaluate the evidence together when considering the petition in its entirety for the final merits determination regarding the required high level of expertise for the immigrant classification.
  
This firm offers initial consultation to evaluate your situation to determine whether EB1 based on extraordinary ability is the best immigration strategy for you and whether you have other options, such as NIW. You are encouraged to work with experienced immigration lawyers like us to obtain green card through self-petitioning.