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EB-1 Extraordinary Ability

The EB-1A visa is a permanent work visa for applicants that are considered to have an extraordinary ability in the sciences, arts, business, or athletics and is demonstrated by sustained national or international acclaim. This visa is usually reserved for those that are considered to be at the top of their respective fields. Eligibility for the EB-1A visa can be met in one of the following two ways: 

1. Provide evidence of a one-time achievement like a major international award. 

2. Provide evidence that the applicant can demonstrate meeting at least three of the Examples of such achievements are a Pulitzer, Nobel Prize, Oscar, Olympic Medal, etc.; OR 10 criteria below:

a. Evidence of receipt of lesser nationally or internationally recognized prizes awards for excellence;

b. Evidence of your membership in associations in the field which demand outstanding achievement of their members;

c. Evidence of published material about you in professional or major publications or other major media;

d. Evidence that you have been asked to judge the work of others, individually or a panel;

e. Evidence of your original scientific, scholarly, artistic, or business-related contributions of major significance to the field;

f. Evidence of your authorship of scholarly articles in professional or major trade publications or other major media;

g. Evidence that your work has been displayed at artistic exhibitions or showcases; 

h. Evidence of your performance of a leading or critical role in distinguished organizations;

i. Evidence that you command a high salary or other significantly high remuneration to others in the field;

j. Evidence of your commercial successes in the performing arts. Unlike most employment-based visas, the EB-1A can be filed by the applicant themselves. There is no requirement for an employer to sponsor their petition. Therefore, the applicant would have to file a Form I-140: Petition for Alien Worker to the United States Citizenship and Immigration Service (USCIS). 

Although an EB-1A visa does not require evidence of a specific offer of employment, the applicant must demonstrate that they will continue to work in their area of expertise in the United States. Evidence of such intent may include: letters from prospective employer(s), evidence of prearranged commitments such as contracts, and statements from the applicant detailing their plans to continue working in their area of expertise. Additionally, while it is not required for the applicant to show that their visa approval would substantially benefit the United States it is wise to provide evidence of any benefit if possible. As a note, those attempting to gain an EB-1A visa do not have to obtain labor certification.

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