You must also submit evidence that you seek to enter the United States to continue your work in the area of ‘extraordinary ability’, and that the United Sates will substantially benefit from that your work. Such evidence can be letters from prospective employees, employment contracts, or a statement from the applicant detailing their plans to work in the Untied States.
EB1 Extraordinary Ability Requirements for Permanent Residency
If you are an academic or have contributed significantly to a field such as Science, Education, Business, Arts, or Athletics, and you have the desire to immigrate yourself and your immediate family to the United States, filing for an EB1 visa is a great option that gives you a high chance for success. First you must meet the EB1 requirement as set forth by the U.S. Congress and U.S. Citizenship and Immigration Service (USCIS).
The most important requirement for winning an EB1 visa is the demonstration of “Extraordinary Ability”. The USCIS defines “Extraordinary Ability” as a level of expertise indicating that you are one of that small per cent who has risen to the very top of your field of endeavor. “Top of the Top”. Your achievements must have been demonstrated by sustained national or international acclaim and be recognized in the field through extensive documentation.
There are two ways to satisfy the requirement for showing “Extraordinary Ability”:
- Receiving a major and internationally recognized award (such as the Nobel Prize) -Or-
- Complete at least three of the following ten EB1 requirement “areas”:
- Receipt of a lesser nationally or internationally recognized award or prizes
- Membership in associations that require outstanding achievements
- Material published about you in major trade publications or other major media
- Serving as a judge or reviewer of the work of others in your field
- Original, scientific, scholarly, artistic, athletic, or business-related contributions of major significance in your field
- Authorship of scholarly articles in your field
- Display of your work in exhibitions or showcases
- Performing a critical or leading role for organizations that have a distinguished reputation
- Commanding a high salary
- Commercial success in the performing arts
Satisfying these requirements does not guarantee an approval for the EB1 application however. The burden of proof is on the applicant to prove by a preponderance of the evidence that they merit the award. It is vital that he/she provide a multitude of documents supporting and evidencing some of the above claims. It is not a good idea to move forward with an application with evidence of only 3 of the above areas. I recommend 4-5 areas because the officer will always see things different than the applicant and their attorney.
My name is John B. Buda, and I actively practice in the area of EB1 Applications for Permanent Residency via the “Extraordinary Ability” category. My firm has a high rate of approval success in this difficult area of U.S. Immigration Law. Please come to my website for more information.
John B. Buda
Buda Law Group
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