EB-1 EXTRAORDINARY ABILITY
EB-1A immigrant visa is for foreign nationals who have “extraordinary ability” in the sciences, arts, education, business or athletics. Petitioners must demonstrate that they are at the very top of their field, which is why the EB-1A is sometimes called the "genius" visa. While EB-1A petitioners are often research scientists and engineeers, it is also open to more non-academic professions like athletes--one famous case even involved a professional bullrider!
A first-preference employment-based visa, the EB-1A petition can be filed as a self-petition without any prospective employer; in other words, no job offer is required. Furthermore, no labor certification is required either.
To be eligible for the EB-1A visa, the petitioner must demonstrate “sustained national or international acclaim” in his or her field of work. National or international acclaim is shown by evidence of achievement in the petitioner’s field. The classic example of demonstrating "extraordinary ability" is winning a Nobel prize or Olympic medal; however, other lesser awards and recognition can also be used, although USCIS will require at least 3 types of lesser evidence to establish eligibitly. For researchers, publication and citation of their work can estabnlish eligiblity; for artists, high numbers of ticket sales can establish eligibity; for a supermodel, being featured on the cover of a popular magazine can demostrate eligibility.
Once the petitioner has established eligibility, he or she must show that they will continue to work in the U.S. in their field of expertise, and that the United States will prospectively substantially benefit from the petitioner's entry into the country.
The Extraordinary Ability petition begins with filing the Form I-140, Petition for Alien Worker. If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States on derivative visas.
Use the form below to contact us about filing for your extraordinary ability visa: