Extraordinary Ability Immigrant Petitions

Help from Immigration Attorneys

U.S. Citizenship and Immigration Services defines “extraordinary ability” as an ability that has garnered national or international acclaim. The ability can be related to the sciences, arts, education, business, or athletics. Whether you are a published scholar, an award-winning artist, or a leading researcher, our immigration attorneys can give you the legal representation that you need to obtain residency in the U.S.

 

Advantages of an EB-1A Visa

An EB-1 Extraordinary Ability petition is also known as an EB-1A visa and confers several benefits over many other avenues for immigration. Notably, you are not required to have a job offer or labor certification. You are allowed to petition for yourself, which can save the added time it typically takes to receive a certification.

While you can petition for yourself, it is important not to entirely navigate your petition alone. An immigration attorney with a specific focus on EB-1 visas can best help you ensure you successfully handle any complex legal issues that can occur with your case.

Preparing Your Case

If you would like to gain a green card by means of an Extraordinary Ability Immigrant Petition, you will need to file Form 1-140, Petition for Alien Worker. During the filing process, you will have to provide evidence demonstrating your extraordinary ability in your field of expertise. The legal team at Hammond Neal Moore provides legal assistance throughout the filing process. We are able to help you determine which documents will serve your case and present you in the best light possible.

You have the burden of proof of CONVINCING the USCIS that you have “sustained national or international acclaim and that YOUR achievements have been recognized in the field of expertise.” In other words, you must meet the definition of “extraordinary ability,” with “a level of expertise indicating that the individual is one of that small percentage who has risen to the very top of the field of endeavor.”

You must either present evidence of a one-time achievement (that is, a major, internationally recognized award such as an Academy Award or Nobel Prize), OR, for most petitioners, at least three of the following:

1. SIGNIFICANT (NON-STUDENT) PRIZES AND AWARDS. Documentation of the petition beneficiary’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
2. EXCLUSIVE MEMBERSHIPS. Documentation of the beneficiary’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
3. SIGNIFICANT PUBLICATIONS REGARDING BENEFICIARY. Published material about the beneficiary in professional or major media, relating to the beneficiary’s work in the field for which classification is sought. Such evidence must include the title, date, and author of the material, and any necessary translation;
4. JUDGE OF WORK OF OTHERS (REVIEWER, EDITOR, PANELIST). Evidence of the beneficiary’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought;
5. EVIDENCE OF CONTRIBUTIONS (SUCH AS TESTIMONIALS, PATENTS, PATENT APPLICATIONS OR COMMERCIALIZATION OF THE WORK). Evidence of the beneficiary’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
6. SCHOLARLY ARTICLES, BOOKS, CHAPTERS AND OTHER PUBLICATIONS. Evidence of the beneficiary’s scholarly articles in the field, in professional or major trade publications or other major media;
7. PUBLIC DISPLAY OF WORK. Evidence of the display of the beneficiary’s work in the field at artistic exhibitions or showcases;
8. LEADING AND CRITICAL ROLE. Evidence that the beneficiary has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
9. HIGH COMPENSATION. Evidence that the beneficiary has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; and
10. COMMERCIAL SUCCESS. Evidence of commercial successes in the performing arts, as shown by the box office. If the above standards do not readily apply to your occupation, you may submit comparable evidence to establish your eligibility.

The USCIS officer gets to judge whether you are extraordinary on a national or international basis or “just” good, very good, or excellent in your field. Being good, very good, or excellent is not sufficient to warrant an employment-based first (EB-1) extraordinary ability approval. Consequently, USCIS decisions are subjective and the aim of the petitioner and/or the beneficiary should be to present the most compelling objective evidence and argument that helps convince USCIS that the petition meets this high standard. Further, USCIS has indicated that being on an O-1 (extraordinary ability) work visa does not alone guarantee an EB-1 extraordinary ability Immigrant Petition approval.