Employment Based Immigration – First Preference, Section A (EB-1A)
Extraordinary Ability Worker
What is EB-1A?
EB-1A is an immigration visa in INA 203(b)(1)(A). The beneficiary of an approved immigration visa petition is entitled to obtain permanent residence (green card) status of United States. EB-1A refers to persons with extraordinary ability in science, arts, education, business or athletics which has been demonstrated by sustained national or international acclaim. Such achievements have been recognized in the field through extensive documentation.
Benefit of EB-1A:
• No offer of permanent employment required for EB-1A petition.
• No labor certification required.
• EB-1 petition is generally faster than other categories of employment immigration because it does not require labor certification and also fewer cases are filed in this category.
• The principal in this type of case may self-petition to be the beneficiary.
How to establish Extraordinary Ability?
Extraordinary Ability may be demonstrated by presenting evidence including major achievement (such as Nobel Prize), or any three of the following:
• Receipt of lesser nationally or internationally recognized prizes or awards;
• Membership in association in the field for which classification is sought, which requires outstanding achievement of their members, as judged by recognized national or international experts;
• Material published about the person in professional or major trade publications or other major media;
• Participation in a panel or as an individual performing as a judge of the work others in the same or an allied field of specialization;
• Evidence of original scientific, scholastic, artistic, athletic or business related contributions of major significance;
• Authorship of scholarly articles in the field, in professional journals or other major media;
• Evidence of display of work in the field at artistic exhibitions or showcase in more than one country;
• Performance in a leading or cultural role for organizations or establishments that have a distinguished reputation;
• Having a high salary or other significantly high remuneration in relation to others in the same field;
• Evidence of commercial success in the performing arts.
How to apply for EB-1A?
The application should be filed using form I-140 with the US Citizenship and Immigration Services (USCIS).
