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Home Immigration Atty. Joel Bander Getting a green card without going through labor certification

Getting a green card without going through labor certification

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Extraordinary individual petitions (EB-1) are an extremely quick route to a green card. Petitioners need not go through the labor certification process, and the category is current for all countries, allowing all beneficiaries worldwide to apply for a green card simultaneously with the filing of the immigrant petition. Moreover, aliens with extraordinary ability may self-petition and do not need an employer or specific job offer.

EB-1 refers to the first preference employment-based immigrant worker category and applies to aliens with extraordinary ability in the sciences, arts, education, business or athletics, outstanding professors and researchers, and certain multinational executives and managers

 

To qualify for EB-1, the beneficiary must meet the criteria prescribed for each classification. Aliens with extraordinary ability are defined by the USCIS as those with "extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation." Extraordinary ability may be evidenced by the beneficiary’s receipt of a major internationally recognized award, such as a Nobel Prize, or by at least three of the following:

1. Receipt of lesser nationally or internationally recognized prizes or awards;

2. 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;

3. Published material about the person in professional or major trade publications or other major media;

4. Participation as a judge of the work of others;

5. Evidence of original scientific, scholastic, artistic, athletic or business-related contributions of major significance;

6. Authorship of scholarly articles in the field;

7. Artistic exhibitions or showcases;

8. Performance in a leading or cultural role for organizations or establishments that have a distinguished reputation;

9. High salary or remuneration in relation to others in the field; or

10. Commercial success in the performing arts.



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