EB-1 stands for Employment-Based First Preference for priority workers. A foreign national with extraordinary ability qualifies for EB-1. These are individuals who qualify because they have an extraordinary ability in science, arts, education, business, or athletics, which has been demonstrated by sustained national or international acclaim, and whose achievements have been recognized in their field through extensive documentation.
The EB1 category sounds very similar to an O-1 classification. However, it is of a higher legal standard to prove because the priority worker under the EB-1 category is requesting a green card and not just a temporary visa. The EB-1 applicant can self-petition for their own green card and do this when either physically inside or outside the United States.
An offer of employment is NOT required in the United States under the EB-1 First Preference category. You do not need a labor certification under the EB-1 category. You can self-petition for your own green card under EB-1 if you are either inside or outside the US. Our office has procured many green cards over the years for EB-1 clients.
What is the procedure for an EB-1 petition:
An EB-1 petition is initially filed with USCIS whether you are inside or outside the US. There are a couple of ways of doing this, based on your evidence we will advise you which way we will file as this greatly matters. Listen to one of website audios or schedule a consultation with Caro for further clarification.
Once USCIS approves the EB-1 case, the applicant will go to the consulate for their interview. The EB-1 applicant along with their spouse and children under the age of 21 & unmarried; when the consulate approves their green card visa request, all will be permitted to enter the United States with their green cards. Or the main applicant can enter with his/her green card and the dependent spouse and children can follow later.
The criteria under an EB-1, for persons of extraordinary ability are as follows:
Feel free to click on an audio on our website by Caro as she goes into more detail about criteria with tips and a greater understanding of the evidence under criteria for getting an EB-1 petition approved.
Evidence may include a one-time, major internationally recognized award, OR at least THREE of the 10 suggested criteria listed below:
- NATIONAL OR INTERNATIONAL RECOGNITION:
Evidence showing you have achieved national or international recognition for your achievement. Alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
- ASSOCIATIONS:
Membership in professional organization in the field for which classification is sought which requires outstanding achievement of their members, as judged by recognized national or international experts in the discipline or fields.
- PUBLISHED MATERIAL:
Published materials about the alien’s work or achievements – professional or major trade publications or major media about the alien, relating to the alien’s work in the field for which classification is sought.
- JUDGE OF THE WORK OF OTHERS:
Participation on a panel, or individually, as a judge of the work of others in the field for which classification is sought.
- ORIGINAL AND SIGNIFICANT CONTRIBUTION:
Evidence of original scientific, scholastic, artistic, athletic or business-related contributions of major significance in the field.
- SCHOLARLY ARTICLES:
Authorship of scholarly articles in the field, in professional or major trade publications or other forms of major media.
- ARTISTIC DISPLAYS:
Displays of the alien’s work in the field at artistic exhibitions or showcases.
- CRITICAL OR LEADING ROLE:
Employment in critical or essential capacity of organization and establishments that have a distinguished reputation (not support roles).
- REMUNERATION:
Has commanded or will command a high salary in relation to others in the field
- COMMERCIAL SUCCESS:
Evidence of commercial success in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales
If we don’t feel you have the requirements initially to file for the EB-1 preference-based category, after filing and getting the O-1 and/or P visa approved. We will strategize with you and advise you on the types of documentation you should be working on whilst you are inside the United States, working under either your O-1 or P-1 visa petitions on how to get you to an EB-1 standard so you can apply for your green card if this is something you wish to do.
