OBTAINING U.S. PERMANENT RESIDENCE AS AN EB-1 ALIEN OF EXTRAORDINARY ABILITY

There is a fast track to U.S. Permanent Residence for individuals that have proven to be “outstanding” or “extraordinary” in their field. USCIS permits these people to skip PERM Labor Certification and does not require them to have an employer sponsor, although they do need to show that they are likely to continue working in their field of expertise upon approval of the Permanent Residence. These individuals can sponsor themselves and can enjoy one of the fastest tracks to US Permanent Residence in the EB-1 (Employment Based One) category by showing they are an individual with a high level of expertise who has risen to the top of his or her field in the arts, sciences, business, education or athletics.

There are two ways to meet the requirements for this category. The first is receiving a major, internationally recognized award such as a Nobel Prize. The second way is to fulfill at least three of the following ten standards:

  • Receipt of a lesser nationally or internationally recognized prize for achievement in the field.
  • Membership in associations in alien's field that require “outstanding achievement” of their members as judged by acknowledged experts.
  • Material published about the alien in major trade publications or other major media.
  • Selection of the alien to judge others in the same or allied field.
  • Original contributions of importance in the alien's field.
  • Authorship of scholarly articles in professional/trade publications or other major media.
  • Display of the alien's work in exhibitions or showcases.
  • Performance of leading or critical role for distinguished organizations or institutions.
  • High salary or other remuneration in relation to others in the alien's field.
  • Commercial success in the performing arts.

We have a great deal of experience preparing and filing this type of petition. We have had success for clients who were professors at tier one universities, scientists from multinational corporations, musicians, and engineers. The benefit of the Employment Based or EB-1 Category is that there is no additional wait for U.S. Permanent Residence. Not only are you permitted to skip the PERM Labor Certification step, saving one year of time, but you are also permitted to immediately file the Adjustment of Status application. The EB-1 category can lead to U.S. Permanent Residence in a matter of months. The first step in determining if this is the right path for you is to send us your detailed resume or curriculum vitae. We will be able to assess your chances for success in the EB-1 Category as an Alien of Extraordinary Ability.

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