The EB-1
classification is open to individuals
with extraordinary ability in the arts,
sciences, education, business or
athletics; to outstanding professors or
researchers; or to managers and
executives soon to be transferred to the
U.S.
Steps
Individuals with extraordinary ability
may self-petition. All other EB-1
petitions should be filed by your
employer.
Either you or your employer should
file-in Form I-140, the Petition for
Alien Worker with the INS Regional
Service Center that has jurisdiction
over the location of your employment.
This form should contain all necessary
documents and evidence. Labor
certification is not required for EB-1
petitions.
Documents
Aliens with extraordinary ability are
defined by INS as individuals with
"extraordinary ability in the sciences,
arts, education, business, or athletics
which has been demonstrated by sustained
national or international acclaim and
whose achievements have been recognized
in the field through extensive
documentation." The Nobel Prize or
similar awards duly prove this status.
However, there are alternative means of
proving your extraordinary ability. You
may submit at least three of the
following types of evidence:
- Receipt of lesser recognized
prizes or awards for excellence.
- Membership in associations in
your area which demand outstanding
achievement of their members.
- Published material about you in
major publications.
- Proof that you have judged
others' works.
- Proof that you have made
original contributions to your
field.
- Proof that you have published
articles about your field in major
publications.
- Proof that your work has been
displayed in exhibitions or
showcases.
- High status in a distinguished
organization.
- Proof that you receive high
payments for your work, in relation
to your peers.
- Proof of commercial success in
the performing arts.
As an outstanding professor or
researcher, you should be
internationally recognized in your
field. You should be coming to the U.S.
to accept a tenure track position, and
you should have had at least three years
experience in your academic field.
Evidence of your status should include
at least two of the following:
- Receipt of major prizes or
awards for outstanding achievement.
- Membership in associations in
your area which demand outstanding
achievement of their members.
- Published material about you in
major publications.
- Proof that you have judged
others' works.
- Proof that you have made
original contributions to your
field.
- Proof that you have published
articles about your field in major
publications.
To be eligible for EB-1 classification
as a manager or executive transferred to
the U.S., you must have been employed
outside the U.S. as a manager or
executive for at least one out of the
past three years. The company you work
for must have been seeking to enter the
U.S. to conduct business during that
period of time.
