EB 1-1 Extraordinary Ability
Overview:
The EB 1-1 Extraordinary Ability Immigrant Status is for immigrants who are the “best and the brightest” in their fields of expertise. Applicants for EB 1-1 status need not have an employment offer and can sponsor themselves. Additionally, EB 1-1 applicants need not complete a labor certification process.
Eligibility:
The EB 1-1 Immigrant status is available to individuals with professions in the sciences, arts, education, business or athletics.
Qualitifications:
An immigrant seeking to gain permanent residency as an EB 1-1 recipient must demonstrate that they have extraordinary ability in the “sciences, arts, education, business or athletics.” “Extraordinary ability is defined by USCIS regulations as a “level of expertise indicating that the individual is one of those few who have risen to the top of the field of endeavor.” Extraordinary ability can be demonstrated by meeting three of the following indicators:
- receiving a lesser national or international prize or award for excellence in field of endeavor,
- membership in associations requiring outstanding achievements of their members,
- published material about the prospective immigrant’s work in professional journals, trade publications or major media,
- participation as a judge of others in the field of expertise,
- original scientific, scholarly or artistic contributions of major significance in the field of expertise,
- authorship of scholarly articles in the field, published in professional journals or major media,
- display of the prospective immigrant’s work at artistic exhibitions or showcases in more than one country,
- performance in a lead, starring or critical role for organizations with a distinguished reputation,
- commanding a high salary in the field of expertise, and
- commercial success in the performing arts.
Although the regulations only require three indicators to be met, in reality it is often necessary to demonstrate more.
Extraordinary ability can also be demonstrated by receiving a major, international award (e.g. Nobel Prize or an Academy Award).
After Obtaining Permanent Residency:
More Information:
If you think you may be eligible for EB 1-1 immigration status as a person with extraordinary abilities, please contact Gafner Law Firm. Additionally, more information may be available at the USCIS website.