EB-1 A Extraordinary Ability

The “Einstein visa”

EB-1 A Extraordinary Ability

This green card category is available to individuals who have reached the top of their fields, including the sciences, arts, education, business or sports. It is often referred to as the “Einstein visa”, although this type of visa is less difficult to prove than many people think.

FAQ

Frequently asked questions

Applying for an EB-1 exceptional ability green card comes with many questions, as it involves individuals who are at the top of their respective fields. To give you a deeper insight into this particular visa type, we have compiled and answered the most frequently asked questions. In this section you will find detailed information on who can qualify, how to prove exceptional ability and the specific benefits this visa category offers. If you require further information, please do not hesitate to contact us.

Who qualifies for an EB-1 petition for extraordinary ability?
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Individuals who are experienced and successful in their fields are often the best candidates for EB-1 petitions for extraordinary ability. However, younger and less experienced applicants may also qualify for this category depending on their accomplishments.

How do you demonstrate exceptional abilities?
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There are two ways to demonstrate your exceptional skills in your field.
First, you can prove that you have received a "significant national or international award" in your field. This unique achievement may qualify you for the green card. Typical examples of significant national or international prizes are an Academy Award, an Olympic Medal, a Pulitzer Prize, an Emmy Award, a Grammy or a Nobel Prize.
Alternatively, you can argue that you fulfill at least three of the following ten criteria:

  • Proof of receipt of lesser-known national or international prizes or awards for excellence
  • Proof of your membership in associations in the field that demand outstanding performance from their members
  • Evidence of publications about you in professional or major industry publications or other major media outlets
  • Proof that you have been asked to judge the work of others, either individually or in a jury
  • Proof of your original scientific, artistic, sporting or business-related contributions of great importance to the field
  • Proof of your authorship of scientific articles in professional or important industry publications or other major media
  • Proof that your work has been shown at artistic exhibitions or in shop windows
  • Evidence of your role as a leader or key figure in prestigious organizations
  • Proof that you receive a high salary or other significantly high remuneration compared to others in your field
  • Proof of your commercial success in the performing arts

What qualifications do I need to qualify for an EB-1 petition for extraordinary ability?
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It depends on your profession. Often scientists and academics can provide the following evidence:

  • Proof of your membership of associations in the field that demand outstanding performance from their members
  • Proof that you have been asked to judge the work of others, either individually or in a jury
  • Proof of your original scientific, scholarly, artistic, athletic or business-related contributions of great significance to the field
  • Proof of your authorship of scientific articles in professional or important industry publications or other major media
  • Evidence of your role as a leader or key figure in prestigious organizations

Artists or creatives can typically provide this evidence:

  • Evidence of publications about you in professional or major industry publications or other major media outlets
  • Proof that you have been asked to judge the work of others, either individually or in a jury
  • Proof that your work has been shown at artistic exhibitions or in shop windows
  • Evidence of your role as a leader or key figure in prestigious organizations
  • Proof of your commercial success in the performing arts

However, this often varies from person to person. The best way to evaluate the specific evidence you should present for your EB-1 petition for extraordinary ability is to schedule a consultation with an immigration attorney to review your qualifications in detail. Feel free to schedule an appointment with us.

Can I sponsor myself for an EB-1 petition for extraordinary ability?
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Yes. EB-1 petitions for exceptional ability can be self-sponsored, which means you do not need an employer sponsor to apply.

This is advantageous for two reasons. First, being able to act as a guarantor for a green card yourself means that you do not have to rely on a job offer or a US employer to sponsor the green card. You can start the green card process at any time. Secondly, being able to act as a sponsor yourself means that you can remain independent if you already have a US employer. This can be an advantage if you are considering a job change or if you feel that your job is insecure (this is often the case with start-ups).

Is a PERM required for an EB-1 petition for extraordinary ability?
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No. This is one of the advantages of EB-1 petitions for extraordinary ability because you can avoid the time-consuming and labor-intensive PERM process. With the EB-1 process, you can file an I-140 petition directly with US Citizenship instead of first testing the labor market and proving that there are no capable, qualified workers.

If I receive an EB-1 Green Card, how long is it valid?
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10 years.

Can I have an EB-1 petition for extraordinary ability processed through the premium process?
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Yes. The USCIS premium processing fee to be paid to USCIS for EB-1 petitions for extraordinary ability I-140 is $2,805 to receive feedback from USCIS within 15 business days. Feedback means an approval, a denial, or a "Request for Evidence."