EB-1 is an employment-based first-preference immigrant visa category reserved for individuals who can demonstrate that they “have risen to the very top of their field of endeavors.” Under the USCIS guidelines, there are three types of EB-1 petitions: 1) a person of extraordinary ability (EB-1A), 2) an outstanding professor or researcher (EB-1B), 3) or a multinational executive or manager (EB-1C). For the purpose of this article, we will only discuss EB-1A, a person of extraordinary ability.
EB-1A classification applies to individuals who can prove that they are among the top and most accomplished in the fields of sciences, arts, education, business, or athletics. In order to meet the “extraordinary ability” requirement, the federal law requires the applicant to present evidence of receipt of a major international recognized award such as the Nobel Prize or the Academy Award. However, in the absence of such award, the applicant can also establish the “extraordinary ability” criteria by meeting at least three of the ten criteria listed on the USCIS website. This includes, but not limited to, evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence, evidence of published material about the applicant, evidence of authorship of scholarly articles, and evidence of membership in associations in the field that demand outstanding achievement of their members (See USCIS website for a complete list of criteria).
EB-1 immigrant visa category has become increasingly popular because it is one of the most expeditious categories. Unlike employment-based two (EB-2) or employment-based three (EB-3) petitions, green card applicants may have to wait for a long time before one can apply for an immigrant visa depending on which country the applicant is from, th e priority date for EB-1 is current. This means that the individual is immediately eligible to apply for an immigrant visa. Additionally, there is no requirement of a job offer and an employer’s sponsorship.
EB-1 is a fast track to permanent residency in the US However, EB-1 petitions are complex and it requires extensive documentations. The adjudication process for EB-1 petitions has also become stricter since a 2010 USCIS memorandum relying on a US district court decision, Kazarian v. USCIS. The memorandum instructs adjudicators to use a “two-part approach where the evidence is first counted and then considered in the context of a final merits determination.” USCIS applies the 2nd part of Kazarian in every case. This has resulted in large numbers of petition denials. Due to the complexity of EB-1 petitions, it is imperative to consult with a highly trained legal professional before starting the application process.
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US Immigration Attorney, Robert K. D’Andrea (J.D., M.B.A.) practices exclusively in the area of immigration and naturalization law and is a principal of D’Andrea Law Corporation, PLC. Offices are located in Glendora (216 N. Glendora Ave, Suite 200, Glendora, CA 91741) and Pasadena (1055 E. Colorado Blvd, Suite 500, Pasadena, CA 91106). Contact the firm for a free consultation. Tel: (626) 240-4688, (626) 771-2953. Chinese: (626) 852-9838. Email: [email protected]. Website: www.dandrealaw.com.
