EB-1 – A (Alien of Extraordinary Ability)
EB-1-A or EB-1-EA is a subgroup of first preference employment-based immigration (EB-1). Advanced Immigration specializes in EB-1-A (Alien of Extraordinary Ability) petition. This immigration preference category is for foreign nationals of extraordinary ability in the sciences, arts, education, business, or athletics.
According to federal immigration law, such persons are not required to have a prospective employer (unlike EB-1-B and EB-1-C, and other preference categories), but they must be entering to continue to work in their chosen field, and they must “substantially benefit prospectively in the U.S. In addition, the petitioner has to show that the foreign person sustained national or international acclaim with recognized achievements. This is the requirement that is most difficult to prove. Based on our experience, Advanced Immigration has developed winning strategy of argument to meet this prong of requirement. To win an extraordinary ability case requires extensive documentation and excellent petition skills of the attorney. You can trust Advanced Immigration Services with your EB-1-A case.
Advantages of EB-1-A No Labor Certification is Required, Self Petition is Allowed
There are many advantages of the employment-based category EB-1-A. First of all, a specific job offer is not required for a foreign person in this group, as long as the foreign person is entering the United States to continue work in the field in which he or she has extraordinary ability. So self-petition is allowed. Please note, the fact that self-petition is allowed does not mean you should do DIY petition. Petition for an immigration visa is a complicated process and you may want an immigration attorney to handle all the complicated legal and regulatory issues.
Moreover, a labor certification not required. Obtaining a labor certification is a long process. EB-1-A application therefore saves an applicant lots of time. As a result, attorneys in Chen Immigration Law Associates. encourage clients to petition for this classification if they are qualified.
Visas for EB1-A are current. This is the benefit for all first preference employment-based categories. Immigrant visas remain immediately available for all countries in the first employment-based (EB-1) preference category. Indications are that it is unlikely that there will be any cut-off dates in the EB-1 preference during the coming months.
Required Qualifications of an EB-1-A Petitioner
In order to be qualified to get an EB-1-A visa, the petitioner must show: The foreign person has sustained national or international acclaim for his/her achievements, the foreign person is seeking to enter the United States to continue to work in the field of endeavor that is the subject of the acclaim, and the presence of the foreign person and his/her activity will benefit the United States.
Terms & Evidence of “Extraordinary Ability“
Federal regulations define “extraordinary ability“ as a level of expertise indicating the individual is one of a small percentage who have risen to the very top of a particular field in the sciences, arts, education, business, and athletics. The federal law indicates that such a person will have received national and international acclaim. National or international acclaim can be demonstrated by receipt of a major internationally recognized award such as Nobel Prize or the Academy Award. Alternatively, immigration law requires that the petitioner must provide at least three of the following types of evidence:
- Receipt of a national or international prize or award for excellence in the field of endeavor
- Membership in an association that requires outstanding achievement as a condition of membership in the field for which the classification is sought
- Published material about the foreign person or his or her work in professional, trade journals, or major media publications. (These items must include title, date, author, and must be translated into English)
- The foreign person’s participation, on a panel or individually, as a judge of the work of others in the same or a related field
- Evidence of original contributions, usually through publication, of major significance in the foreign national’s fields of science, scholastic, artistic, or athletic
- Authorship of scholarly articles in the field, in professional journals, or other major media (national newspapers, magazines, etc.)
- Display of the foreign national’s work at significant exhibitions
- Performance in a significant role for organizations or establishments that have a distinguished reputation
- Receipt of a higher salary or remuneration than is usual in the field
- Commercial success in the performing arts as shown by box office receipts or sales records, cassette, compact disk, or video sales, or
- Other comparable evidence if the above types of evidence do not readily apply to the foreign national’s occupations
“Very top of the Endeavor“
With regard to the requirement that the foreign person represents a “small percentage who has risen to the very top“ of the field of endeavor, AAO cases indicate that the actual field of endeavor must be defined before determining whether the foreign person has extraordinary ability in that field. Chen Immigration Law Associates is of the opinion that if the field is narrowly defined, it is more likely to argue that the foreign person has risen to the top of their respective field.
If you feel that you may qualify or want to learn more about EB-1-A visas contact our professionals at Advanced Immigration.
