EB-1-1, also known as the Employment-Based First Preference Immigrant Visa, is a category of employment-based immigration in the United States. It is designed for individuals who possess Extraordinary Ability in certain fields, allowing them to obtain lawful permanent resident status (Green card) without the need for a job offer or labor certification.
Requirements for EB-1-1:
- Extraordinary ability: To qualify for the EB-1-1 visa, individuals must demonstrate extraordinary ability in the sciences, arts, education, business, or athletics, which has been recognized nationally or internationally. Extraordinary ability is demonstrated through sustained acclaim and achievements significantly above that normally found in the field.
- Specific criteria: Applicants must meet at least three out of the ten specific criteria set by the USCIS. Criteria for Demonstrating Extraordinary Ability:
- Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
- Evidence of your membership in associations in the field that demand outstanding achievement of their members
- Evidence of published material about you in professional or major trade publications or other major media
- Evidence that you have been asked to judge the work of others, either individually or on a panel
- Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
- Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
- Evidence that your work has been displayed at artistic exhibitions or showcases
- Evidence of your performance of a leading or critical role in distinguished organizations
- Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
- Evidence of your commercial successes in the performing arts.
- Extensive documentation: Applicants must provide extensive documentation to support their claim of extraordinary ability. This may include evidence of major awards, publications, media recognition, participation as a judge of the work of others, original contributions to the field, and other relevant evidence.
- National or international acclaim: The applicant must demonstrate that their extraordinary ability has been recognized nationally or internationally in their field of expertise. This can be evidenced through awards, media coverage, testimonials, expert letters, or other forms of recognition.
Unlike other employment-based visa categories, the EB-1-1 allows individuals toself-petition, meaning they can apply for the visa without the need for a job offer or employer sponsorship. This gives individuals more flexibility and control over their immigration process.
Labor certification, which involves proving that there are no qualified US workers available for the job, is not required for the EB-1-1 visa. This streamlines the application process and eliminates the need for a labor market test.
The EB-1-1 visa leads to lawful permanent resident status, commonly known as a Green card. This grants individuals the right to live and work permanently in the United States and provides a pathway to US citizenship.
Labor certification, which involves proving that there are no qualified US workers available for the job, is not required for the EB-1-1 visa. This streamlines the application process and eliminates the need for a labor market test.
The EB-1-1 visa leads to lawful permanent resident status, commonly known as a Green card. This grants individuals the right to live and work permanently in the United States and provides a pathway to US citizenship.
It's important to note that the EB-1-1 visa is highly competitive, and meeting the basic requirements does not guarantee approval. Seeking the guidance of an experienced immigration attorney who specializes in employment-based immigration is recommended to ensure that all the necessary documentation is gathered and that the application presents a compelling case of extraordinary ability.