Extraordinary Ability (EB-1)

Massa Viana Law

Extraordinary Ability (EB-1)

EXTRAORDINARY ABILITY

Your Talent Opens the Golden Door

The Extraordinary Ability category is a coveted employment-based immigration pathway aimed at individuals with outstanding expertise in their respective fields. Designed to attract global talent, his category allows applicants who have demonstrated extraordinary ability in sciences, arts, education, business, or athletics to apply for permanent residency in the United States.

To determine if you have extraordinary ability in your field, the U.S. Citizenship and Immigration Services (USCIS) uses a two-step process. First, you need to show that you have won a major achievement (such as an Oscar or Pulitzer) or meet at least three of the following criteria:


1. Receipt of national or international awards or prizes

2. Membership in professional associations demanding exceptional achievements

3 Published articles about you or your work in reputable media

4. A history of significant contributions to your field

5. Employment in a high-ranking or significant role

6. A high salary relative to industry peers

7. Authorship of scholarly articles in reputable publications

8. Participation as a judge of the work of others in your field

9. Demonstrable commercial success

10. Academic or scholarly achievements

However, meeting the criteria alone does not secure approval of the EB-1 green card. The second step involves assessing the overall evidence to establish that you are among the small percentage of individuals who have risen to the very top of your field and have sustained national and international acclaim. You also need to demonstrate you will continue to work in your field of expertise.

The Extraordinary Ability category is a subcategory of the first employment-based category, which offers includes three avenue for achieving U.S. permanent residency:  EB-1A: For individuals of extraordinary ability; EB-1B: For outstanding professors and researchers; and EB-1C: For multinational managers and executives.

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FAQ

Frequently Asked Questions

EB-1A leads to permanent residency, while O-1A is temporary, and the eligibility standards are higher for EB-1A.

A two-step determination to assess if the applicant genuinely ranks at the top of their field. Unfortunately, the Kazarian decision makes the EB-1A system highly subjective. An adjudicator may be unconvinced despite sufficient evidence in all categories, leading to petition denial.

The process varies, typically taking several months. Premium processing is available for the I-140 petition.

No, you can self-petition, meaning you don’t need a specific job offer or sponsor.

Yes, if you have lawful immigration status, you may apply for an EB-1A.

What is the difference between EB-1A, EB-1B, and EB-1C?

EB-1A is for extraordinary ability, EB-1B for outstanding researchers/professors, and EB-1C for multinational managers/executives.

 

What if I have not received a major international award?

You can qualify by meeting at least three other significant achievement criteria.

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