EB-1 Visas For Individuals With Extraordinary Abilities

The EB-1 visa category is an invaluable path to permanent residency for qualifying foreign nationals of extraordinary ability because it avoids the often time-consuming PERM labor certification process and visa backlogs of other categories. Our immigration lawyers at Wilson Law Group in Minneapolis have been helping foreign nationals secure the appropriate work visas since 2003.

Who Is A Person With An Extraordinary Ability?

Although the EB-1 foreign national must be seeking work in the United States, there is also no specific offer of employment required for this category.

A person with extraordinary ability is someone who:

• 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
• Seeks to enter the United States to continue work in the area of extraordinary ability
• Whose entry into the United States will substantially benefit the United States

Extraordinary ability means a level of expertise indicating that the individual is one of that small percentage who has risen to the very top of the field of endeavor. The foreign national’s profession, both nationally and internationally, must recognize the individual’s merit.

Requirements For An EB-1 Visa Petition

The regulations require evidence of any three of the following for a successful EB-1 visa petition:

• Documentation of the receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor
• Documentation of membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields
• Published material about the foreign national in professional or major trade publications or other major media, relating to his or her work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material and any necessary translation
• Evidence of participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought
• Evidence of original scientific, scholarly, artistic, athletic or business-related contributions of major significance in the field
• Evidence of authorship of scholarly articles in the field, in professional or major trade publications or other major media
• Evidence of the display of work in the field at artistic exhibitions or showcases
• Evidence of performance in a leading or critical role for organizations or establishments that have a distinguished reputation
• Evidence of a high salary or other significantly high remuneration for services, in relation to others in the field
• Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk or video sales

In the alternative, the foreign national could also have received a one-time, major international award in his or her field of study or expertise.

Unlike a temporary HB-1 visa for specialty occupations, the EB-1 visa provides a path toward permanent residency and a green card. Wilson Law Group welcomes the opportunity to help you assess whether this path to residency in the United States is an option, or if another opportunity is a better strategy for you.

Consult With A Specialty Visa Attorney Today

Our immigration lawyers offer a free, initial consultation so that we can better understand your facts and circumstances and tell you more about how we can help you with an immigration strategy. To schedule your free appointment, call us at 612-430-8022 or send us an email through our website.