Employment based immigration first preference EB-1
General Criteria and Requirements
This type of visa will allow you to obtain the Green Card for you, your spouse and your unmarried children under 21 years old.
If you are an extremely talented alien, you may qualify for this visa.
People who qualify for this visa are usually at the top of their field.
There are no restrictions on the type of fields eligible for this type of visa.
People who qualify for this type of visa are given special preference.
Therefore, unlike many other types of visas that take years to obtain, this one is given special priority.
1. Alien with extraordinary ability in 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; and
2. Alien seeks entry to continue work in the area of extraordinary ability; and
3. Entry will substantially benefit prospectively the U.S. While the regulations do not require evidence of prospective benefit. Often, the substantial benefit criterion is met through the other two criteria, but there may be rare instances where the person’s admission may be damaging or detrimental to U.S. interests.
4. No Employer Needed— Although the applicant must intend to pursue work in the U.S. in the area of expertise, no specific offer of employment is required. An approved petition filed by a prospective employer remains valid even if the beneficiary does not work for the employer, as long as the beneficiary demonstrates plans to continue his or her work in the area of expertise.
5.a. Must demonstrate “sustained or international acclaim” and that the beneficiary’s achievements have been recognized in his or her field of expertise. “Sustained” acclaim must be “maintained,” but it does not imply an “age limit” or “definite time frame.”
O-1 Extraordinary Ability Alien
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(1) a one-time achievement such as a major internationally recognized award (e.g., Nobel Prize) or
(2) documentation of any 3 of the following:
– Receipt of lesser nationally or internationally recognized prizes or awards.
Academic awards to students are generally ignored.
Nomination for an award does not carry as much weight as winning.
– Membership in an association in the field for which classification is sought which requires outstanding achievement of their members, as judged by recognized national or international experts.
- Published material about the person in professional or major trade publications or other major media.
- Participation as a judge of the work of others;
- Evidence of original scientific, scholastic, artistic, athletic or business-related contributions of major significance.
- Authorship of scholarly articles in the field;
- Artistic exhibitions or showcases.
- Performance in a leading or cultural role for organizations or establishments that have a distinguished reputation.
- High salary or remuneration in relation to others in the field.
- Commercial success in the performing arts.
Legislative history states that this category is intended “for the small percentage of individuals who have risen to the very top of their field of endeavor.”
Note that even though this visa category (EB-1(a)) is very difficult to obtain, that is is doable if done properly and submitted with sufficient evidence.
Even though this is very difficult to obtain, you do not need to have an employer sponsor. Rather, you have to agree to continue with the profession which you are claiming you have extraordinary ability.
It is this statement that will control and not an employer that you must work for once you would get approved and receive the Green Card.
Your spouse and unmarried children under 21 year old can immigrate along with you if this is approved.
Therefore, it is not only an approval for you, but an approval for your entire nuclear family to immigrate with you and to get Green Cards.