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EB-1A Alien of Extraordinary Ability

EB-1 is an employment-based petition for permanent residence reserved for those who are among the most able and accomplished in their respective fields within the arts, sciences, education, business, or sports. There are three (3) types of EB-1 petitions:

Alien of Extraordinary Ability EB-1A
Outstanding Researcher/Outstanding Professor EB-1B
Managers and Executive Transferees EB-1C

EB-1 Advantages
1. Not subject to labor certification requirement, total processing time is much shorter than the other employment-based preference.
2. Allotted about 40,000 annual visas, plus any visas unused in the 4th and 5th employment-based preference.
3. Immediate family member can also immigrate with the employment-based immigration. No separate immigration visa petition is required.
4.  Alien of extraordinary ability may petition for himself/herself without employers. No requirement on job offer.

Aliens with extraordinary ability refer to those who have extraordinary ability in the science, arts, education, business or athletics. To qualify, the applicant has to be "one of the very small percentages who are at the top of the field in which he or she specializes."

To satisfy, the alien must establish that he or she meets three of the following ten criteria:
1. Receipt of lesser internationally or nationally recognized prize or award;
2. Membership in associations in the field which demand outstanding achievement of their members;
3. Published material about the alien;
4. Evidence that the alien is a judge of the work of others in the field;
5. Evidence of the alien's original contributions of major significance to the field;
6. Authorship of scholarly articles;
7. Display of the alien's work at artistic exhibitions or showcases;
8. Evidence the alien has performed in a leading or critical role for organizations that have a distinguished reputation;
9. Evidence that the alien commands high remuneration in relation to others in the field;
10. Evidence of commercial success in the performing arts.

However, the alien must prove that he/she will continue to pursue their work within the United States. Examples of supporting documentation include letters from prospective employers, a statement from the alien detailing his/her future work plans and other evidence of future work commitments.

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