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Persons with "extraordinary ability" in the sciences, arts, education, business, or athletics may obtain a permanent residence (Green Card) through the First Preference Employment-Based Category (EB-1). Extraordinary ability is defined as a level of expertise indicating that the applicant is one of that small percentage who has risen to the very top of the field of endeavor. Applicants are exempt from applying for the labor certification from the Department of Labor. No offer of employment is required, however the applicants must demonstrate that they are planning to work in their field of extraordinary ability upon entry to the United States. The applicable regulations state that the letter from the prospective employer, or even a statement from the applicant explaining his or her professional plans are acceptable to meet this requirement.
The petitioner, which can be the foreign national, or his or her current or future employer, must demonstrate that the applicant has sustained national or international acclaim and that his or her achievements have been recognized in the field. Evidence of an individual's sustained national or international acclaim may include one-time achievement of a major international award. If the applicant is not a recipient of such an award, documentation of any of the three is required:
- Receipt of lesser national or internationally recognized prizes or awards;
- Membership in association that requires outstanding achievements in the field for which the classification is sought;
- Published material about the person or his or her work in the professional or trade journals;
- Participation as a judge of the work of others;
- Evidence of original scientific, scholastic, artistic, athletic, or business related significant contributions;
- Authorship of scholarly articles;
- Artistic exhibitions or showcases;
- Performance in a leading or critical role for a distinguished organization;
- High salary or remuneration to others in the field;
- Commercial success in the performing arts
Satisfying three of the regulatory criteria is complex and extensive. U.S. Citizenship and Immigration Services (USCIS) usually looks for evidence that the applicant is at the top of his or her field. Establishing eligibility requires strong corroborative evidence and specific documentation beyond mere testimony, such as awards and published materials about the foreign national.
A significant advantage of utilizing the extraordinary ability category, compared to most other immigrant visa classifications, is that the extraordinary applicant is not obligated to hold an employment offer and may self-petition. Further, no backlog of visa numbers for these visa classifications.
The applicant has the choice to complete the process in the United States through an application for adjustment of status with the USCIS or through the issuance of an immigrant visa at the U.S. consulate abroad. The applicant’s spouse and unmarried children below 21 years old are also eligible to apply for permanent residence, whether they are in the United States or abroad. |
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