Individuals who are eligible for the EB-1 classification can file directly for their green cards without going through the PERM labor certification process. The three categories of EB-1 are:
- Individuals possessing extraordinary ability in the sciences, arts, education, business, or athletics
- Outstanding professors or researchers
- Multinational managers and executives
Immigrants with extraordinary ability may self-petition for permanent residence. The other EB-1 categories require an employer to petition for them.
Qualifying for EB-1 Immigrant Classification
In order to qualify for this classification, the applicant must demonstrate "sustained or international acclaim" and show that their achievements have been recognized in their field of expertise. One way to demonstrate this is through receipt of a major internationally recognized award, such as a Nobel Prize.
If a one-time achievement, such as a prestigious and major international award, is not available, the applicant must document at least 3 of the following 10 factors:
- Receipt of lesser national or international award
- Membership in a professional association that requires outstanding achievement by its members
- Published material about the applicant in professional or trade publications
- Participation as a judge of the work of other
- Evidence of original scientific, scholastic, artistic, athletic, or business-related contributions of major significance
- Authorship of scholarly articles in the field
- Artistic exhibitions or showcases
- Performance in a leading or cultural role for organizations that have a distinguished reputation
- High salary in relation to others in the field
- Commercial success in the performing arts
How We Can Help
- We assist you with preparing the application and assembling extensive documentation of your qualifications.
- We draft a legal brief detailing your eligibility for EB-1 classification.
- We prepare robust responses to any requests for evidence from USCIS.
We welcome you to contact the Brian M. Wang | Whiteman Osterman & Hanna LLP to schedule a consultation about how we may be of service in your immigration matter. Based in the Albany, NY Capital District area, we assist clients throughout New York, in all 50 states, and worldwide with United States immigration law.