EB-1 (Extraordinary Ability): Am I Eligible for a Green Card?

EB-1 Immigration Attorney in Miami Florida

Are you a foreign national who intends to continue working in the United States and possesses extraordinary abilities that you can bring to the United States of America? If you answered yes, you are in luck since America provides an immigrant visa for aliens who want to work in America, and, if accepted, this will be your pathway to a green card (also known as a permanent residence permit).

You might ask, what is it all about or who are those aliens with extraordinary abilities?

When we speak of EB-1: Workers of Extraordinary Ability, we are referring to a subtype of Employment-Based Green Card in which foreign nationals who demonstrate extraordinary ability in the sciences, arts, education, business, or athletics are given a green card. 

If you want to learn more about this form of immigrant visa, keep reading to find out what you need to do and who you should get assistance from. Remember that some immigration laws are quite complex and require a professional who truly knows them such as an EB-1 immigration attorney. Obtaining legal aid from an experienced business immigration attorney in Miami is the missing piece in your immigration journey in the United States.

What exactly is the EB-1 Extraordinary Ability Immigrant Visa?

An EB-1 (Workers of Extraordinary Ability) immigrant visa is a subcategory of Employment first preference (EB-1) of an Employment-Based Green Card. Typically, this refers to those foreign nationals who displayed extraordinary abilities in the sciences, arts, education, business, or athletics and whose achievements are publicly recognized and resulted in a period of sustained national or international acclaim.

Simply put, you can apply for this form of immigrant visa if you can establish that you are a well-regarded professional in your specialized field. 

Unlike an O-1 visa, it is not necessary for you to have a job offer in the United States as long as you will continue to work in your specialized field of competence in the US. Thus, you do not need to present a labor certification for your immigration petition. But what if you’ve been offered a position here? If that is the case, it’s easier for your employer to help with your application by filing the initial petition on your behalf.

The United States Citizenship and Immigration Services (USCIS) will most likely have more confidence if a US-based employer submits the immigration petition because this would demonstrate that you would truly use your ‘extraordinary ability’ in your field as shown by your employer who is hiring you for your expertise. You can still apply (self-petition) if you don’t have an employer, but the benefits of having an employer sponsoring you outweigh the benefits of applying yourself.

How do I prove my extraordinary ability in my field of expertise?

If you want to apply for this EB-1 extraordinary visa, you must demonstrate that you have an extraordinary ability in the fields mentioned above. According to USCIS, it should be “demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field…”. This implies that you must demonstrate that you are a nationally or internationally recognized individual in your specific field of expertise.

This can be demonstrated if you are a recipient of an internationally recognized major award like the Nobel Peace Prize, Olympic Medal, or other similar awards. But, if you do not have one, then you should not worry because USCIS listed the type of evidence that can be an alternative to the former. You must have at least 3 out of 10 of the following:

  1. Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
  2. Evidence of your membership in associations in the field which demands outstanding achievement of their members
  3. Evidence of published material about you in professional or major trade publications or other major media
  4. Evidence that you have been asked to judge the work of others, either individually or on a panel
  5. Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
  6. Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
  7. Evidence that your work has been displayed at artistic exhibitions or showcases
  8. Evidence of your performance of a leading or critical role in distinguished organizations
  9. Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
  10. Evidence of your commercial successes in the performing arts

Although you have submitted at least three pieces of evidence, this is still subject to validation and approval by the USCIS. They will have to determine the gravity of the evidence submitted if you are indeed a part of the top of your field. Keep in mind that this type of visa is mainly dedicated to those people who are a part of a small percentage of exceptional individuals a specific field. 


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What steps should I take to file for this petition?

When submitting an EB-1A immigrant visa petition, keep the following steps in mind:

Step 1. Secure all proof of national or international acclaim

It is critical that you compile all of your proof before filing for an EB-1A immigrant visa petition. This would make things easier because you’d know what you’re lacking or if your evidence is sufficient.

Step 2. Fill out the USCIS I-140 Petition Form

After you’ve gathered all of your proof, you’ll need to fill out the I-140 Petition Form (Petition for Alien Worker).

Remember that you do not need a job offer or PERM Labor Certification for this type of visa. You can personally apply in the USCIS without the help of an employer, and you do not need one to sponsor your petition. 

Step 3. Filing for an Adjustment of Status (Form I-485) or Consular Processing (Form DS-260).

After getting the approval of your form I-140, you can now proceed to file for an Adjustment of Status or Form I-485 if you are in the U.S., but if you are abroad, you can do so through a U.S. Consulate.  

USCIS reviews the beneficiary’s immigration, criminal, and medical history throughout this stage of the procedure. If USCIS accepts this application, the applicant will be a lawful permanent resident of the United States.

AmLaw Global can help you make your immigration dreams a reality right now!

We at AmLaw Global will be with you every step of the process. Our approach is more personal – getting to know you better – since this will help us identify what you want for your new life in America.

Contact our Miami immigration law attorney right away to start making your goals a reality. Our Eb-1 immigration attorney will be more than happy to help you.

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