Internationally Recognized Trial Attorneys

EB-1(1): Immigrants of extraordinary ability

The Federal Practice Group immigration team works on many different types of cases, which include the EB-1(1) visa.  The EB-1(1) is known as the extraordinary ability visa. 

Individuals that demonstrate extraordinary abilities in the arts, science, education, business, or athletics may be eligible to obtain an employment-based immigrant visa petition (Form I-140).  To qualify for consideration, documentation must be provided as evidence that the individual has been recognized in his or her respective field with sustained national or international claim. The individual must also offer substantial benefits to the United States by continuing in their field upon arrival. 

Any three of the following is required:

  1. Receipt of lesser nationally or internationally recognized prizes and/or awards
  2. Membership in associations in the field for which classification is sought which require outstanding achievement of their members, as judged by recognized international experts.
  3. Published material about the person in professional or major trade publications or other major media outlets.
  4. Participation as a judge in 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 and/or cultural role in organizations establishments that have a distinguished reputation.
  9. High salary or remuneration in relation to others in the field.
  10. Commercial success in the performing arts.

If an applicant has received an internationally renowned award such as the Nobel Prize, it is not necessary to satisfy any of the above requirements.

The EB-1(1) visa does not require an offer of employment or labor certification.  The Alien of Extraordinary Ability category is intended for a small percentage of individuals who are in the top of their field and want to live in the United States.

If you feel that you are a qualified candidate or have any questions about applying as an Alien of Extraordinary Ability, contact the Federal Practice Group to set up a consultation with an immigration attorney on our team.