Aliens of Extraordinary Abilities
Aliens of Extraordinary Ability are given first preference in adjusting to Legal Permanent Resident (LPR) Status or more commonly known as "Green Card" status. There are three different types of foreign nationals who can obtain their Green Card through the first employment based preference or "EB-1" preference. Contact us for a consultation and evaluation of your case.
This article will focus solely on the EB-1-1 subcategory reserved for Aliens who have demonstrated sustained international acclaim in his or her field of expertise as evidenced by either evidence of a one-time achievement (i.e., a major international recognized award, such as the Nobel Prize or an Olympic Gold Medal), or at least three other types of evidence listed in the federal regulations. Persons who are eligible for the EB-1-1 preference category may file their own petition without a sponsor and if approved, will be able to skip the PERM process and immediately adjust to LPR or Green Card Status. This method of obtaining a Green Card provides an excellent avenue for persons in almost any occupation or sport that have received the highest degree of success in their prospective field. If you have won a major international award, contact us for an evaluation of your case. Our lawyers are innovative and responsive and have successful track record in obtaining approval on behalf of clients seeking an immigrant petition under the category of aliens of extraordinary abilities.
- Extraordinary Ability Defined
Extraordinary ability means a level of expertise such that the individual is one of only a small percentage who has risen to the very top of his or her field of endeavor. To be considered as an alien with extraordinary ability, the alien must have sustained national or international acclaim in his or her field which must be proven by extensive documentation. The alien must be seeking to enter the United States to continue work in the same field that he or she has obtained expertise in and this expertise must prospectively benefit the United States.
- Substantive Requirements
In order to qualify for the EB-1-1 preference category, the applicant must have won a major international prize or show documentation in three of the following eight areas:
- Receipt of nationally or internationally recognized prizes or awards for excellence;
- Membership in associations in the field that demand outstanding achievement of their members, as judged by recognized national or international experts;
- Published material about the alien in professional or major trade publications;
- Evidence that the alien is a judge of the work of others in the field. Participating in the peer review process of a scientific article or acting as a member of a thesis review committee may fulfill this requirement;
- Evidence of the alien's original contributions of major significance to the field;
- Display of the alien's work at artistic exhibitions or showcases;
- Evidence that the alien commands a high salary in relation to others in the field. The regulation requires that the alien's salary is high in relation to others in the field. Box office receipts from the alien's films or plays, record sales, or selling a video documentary to a network for a notable sum can demonstrate this.
If you believe you meet at least three of these criteria, contact us by phone or email for a consultation.
- . Labor certification or offer of employment not required
Since no labor certification is required, the alien can petition for his or herself without the assistance of an employer. This can cause a significant saving in both time and resources as the foreign national will not have to prove that her immigration will not displace an equally qualified US worker. The traditional labor certification process is both time consuming to prepare and process. If you believe you have a good case for an alien of extraordinary abilities, contact the experienced immigration attorneys at The Law Firm of Shihab & Associates. Our lawyers recently enjoyed outstanding success in processing these types of cases. Contact us for a consultation.
- Major Advantages EB-1-1
The EB-1-1 employment based visa category offers many advantages for person's who have been deemed the most desirable by the United States government for their talents. Below is a list of the major advantages that the EB-1-1 preference category offers prospective applicants.
- The Labor Certification is a long-time process. Hence, bypassing the Labor Certification is an advantage of EB-1.
- The alien without a permanent job or offer, such as F1 students, H-1B post-doctor researchers, H-1B and L1 researchers or consultants, J1 visiting scholars, can apply for Green Card under EB1 by themselves as self-petitioners, without an employer's sponsorship.
- As an applicant in the EB-1, there is no need to worry about failure to satisfy the conditions set by the Labor Certification. There is no need to stick with the current employer during the whole Green Card application process for years before change to another employer.
- How to Contact Us
If you have questions about an immigration visa or green card matter, and/or you need help in an immigration process, please contact our immigration attorneys or call The Law Firm of Shihab & Associates, Co., LPA at the nearest office close to you to consult with an attorney. Our law firm handles various matters including Green Cards and Permanent Residence, family immigration, immigrant visas, non-immigrant visas, employment visas and H-1B visas, Investor Visas, PERM applications, and many more. Please contact us and experience how our law firm can assist you in your immigration matters. Whether you are an employer, an employee, or a family member, The Law Firm of Shihab & Associates, Co., LPA has competent, responsive, and innovative lawyers who can make your immigration experience pleasant and seamless.