U.S. Immigration Explained Blog

First Preference Employment Based Immigration – Aliens of Extraordinary Ability

07/29/08

Let’s take a look at the EB-1 Visa. It covers three categories: People with exceptional abilities, professors and researchers who are outstanding in their fields of study, and managers and executives of international companies. As a whole, these people are considered “priority workers”. These are individuals whose talents and skills are vital to the U.S. While there is a limit of 40,000 EB-1visas issued each year, there can be more if some Employment Based visas were not issued in the fourth and fifth categories (Special Immigrants and Immigrant Investors). Therefore, because this is more visas issued than with most other categories, backlogs are rare.

For the purpose of this article, we will focus on the first category, those with extraordinary skills. Since a labor certificate is not required, this makes the EB-1 very attractive and streamlines the process compared to others that do require certification.

 

People who qualify for this visa exhibit exceptional ability in various fields of endeavor. They include athletics, business, education, arts and science. But what makes the EB-1 visa so coveted is that they are not required to have a job waiting for them in the U.S. They merely have to say that they will work at a job that uses their special abilities. Therefore, they can file a visa petition by themselves rather than needing someone in the U.S. file on their behalf.

By now, you’re wondering what a person of extraordinary ability is. It was first proposed back in 1990 and the CIS defined such a person as having a level of expertise that few have reached and are at the top of their field. Now for them to prove this extraordinary ability, they may have won a major award that is internationally recognized, such as an Academy Award or the Nobel Prize. However, most are not so fortunate and must settle for at least three of the following:

Received a prize in their field of endeavor that is of national or international status.

Be a member of an association that requires excellence in achievement from its members.

Have had someone publish an article about them and their work in a prestigious journal, trade publication or a major media source.

Have their work published in a prestigious journal, trade publication or major media source.

Be a recognized judge of others in their field of endeavor.

Recognized as having contributed original work in the scientific, scholarly or artist area of study.

Have your work displayed in art galleries in different countries.

Have performed in a leading or significant role for a distinguished organization.

Someone who is paid a much higher wage than others in their field.

Someone who is regarded a success at the theater box office.

While this is a very comprehensive list, CIS has also included a ‘catch-all’ category which allows for other submissions of comparable significance.

 

The purpose of the EB-1 visa is to recognize those people with truly exceptional abilities. However, while some have gotten visas with less than stellar qualities, most are required to present evidence in more than the three areas required. What’s more, the references offered are not taken at face value but need to be authenticated with evidence. In fact, the organizations and publications offered as evidence need to be verified as being prestigious and outstanding, as well.

Perhaps the best way one can earn an EB-1 visa is to have letters of support by experts in their field of endeavor. There should be at least ten letters written on behalf of the applicant recognizing their special contributions. These should be from close associates, as well as those who have not worked with the individual, yet know of their accomplishments.

Deciding when someone should apply for an EB-1 visa is difficult. Athletes, for example, might want to apply early in their career before a career-ending injury sidelines them. Yet, in academics, it would be wise to wait until enough significant accomplishments have set them apart from their colleagues.

One other factor that would be considered beneficial in filing for an EB-1 is their work status in the U.S. While the applicant need only claim that they will continue working in their current field of endeavor, it would be advantageous for them to show proof of projects or employment already planned in the U.S.