EB1-A (Alien of Extraordinary Ability)
by Admin
Posted on 13-09-2023 02:01 PM
Kilp has a carefully crafted eb-1 team supported by a dedicated team of technical writers specifically and exclusively trained in the time- and work-intensive petitions for individuals of
extraordinary
ability. As an eb-1 client, you will be assigned a specialized eb-1 team to guide you through each step of the process. Kilp attorneys develop creative solutions to complex problems to ensure our clients’ immigration needs are successfully met.
Our skilled team of seasoned eb-1 immigration lawyers can help determine the best path of employment-based immigration for you and assist in completing the necessary documentation to get approved for an eb-1 or niw green card.
There are 40,000 visas annually available under this category. Priority workers include: aliens of extraordinary ability in the arts, sciences, business, education and athletics (eb1-a); outstanding professors and researchers (eb1-b); and managers and executives of international companies being transferred permanently to the u. S. (eb1-c).
Basic requirements for the eb1 extraordinary ability green card include: sustained national or international acclaim; demonstration of major contributions to field of expertise. Intent to continue working in the field of extraordinary ability in the us. And, candidate’s work is and will be of substantial, prospective benefit to the us national interest. “extraordinary ability” means the candidate can show s/he is one of a small percentage who have risen to the very top of his/her field. Evidence of a major one-time achievement (e. G. , an internationally recognized award such as the nobel prize, oscar, grammy or emmy) establishes eligibility. In the absence of a major one-time achievement, a candidate must meet at least 3 of the factors below.
U. S. Citizenship and immigration services is issuing policy guidance in our policy manual to clarify the types of evidence that we may evaluate to determine eligibility for extraordinary ability (e11) and outstanding professor or researcher (e12) eb-1 immigrant visa classifications. The update adds clarifying guidance describing examples of evidence that may satisfy the relevant evidentiary criteria or qualify as comparable evidence, as well as considerations for evaluating such evidence, with a focus on science, technology, engineering, or mathematics (stem) fields. The new guidance provides more clarity and transparency and should assist petitioners in submitting appropriate evidence that may establish the beneficiary’s eligibility.
Qualifications of an EB1-A Petitioner
In order to qualify for an eb-1-c visa, an entrepreneur must:
have been employed abroad for one year in the previous three years before entry into the u.
S. By the parent, subsidiary, or affiliate of the u. S. Employer / petitioner. The key qualifications are that the entity abroad and the petitioner need to have common control, usually evidenced by 50% common ownership;
the employment abroad was in a managerial or executive capacity;
the qualifying foreign entity must continue to be doing business and have the requisite qualifying relationship with the u. S. Petitioner at the time the immigrant petition is filed;
the intended position with the u.
Outstanding professors or researchers are considered priority workers who are internationally recognized as exceptional in a particular scientific or scholarly field. They must also have at least three years of experience in teaching or research. More specifically, foreign nationals applying for the eb-1b designation must prove three general qualifications: a. The foreign national has been internationally recognized for his or her outstanding achievements in a particular academic field. Eb-1b petitioners must include documentation establishing that the immigrant visa applicant has satisfied at least two of the following six criteria: evidence of receipt of major prizes or awards for outstanding achievement; evidence of membership in associations that require their members to demonstrate outstanding achievements;.
The majority of the other employment-based green card classifications require you to have an active job offer from a us company. The company hiring the petitioner needs to go undergo a comprehensive recruitment process to get a perm labor certification, which can considerably increase the permit processing time. Among the primary advantages of the eb1a visa is that it does not require a perm labor certification or a job offer from a us company. With the help of an immigration lawyer, the candidate has the ability to submit a “self-petition” on the uscis i-140 form. This is among the quickest ways to obtain a green card for those who meet its strict qualifications.
In 2010, the ninth circuit u. S. Court of appeals reexamined the denial of a eb-1a petition, the kazarian case. The aao concluded that the kazarian case utilized a two-part approach: part one: counting the evidence types submitted; part two: determination of final merits. Click this link to see a detailed summary of this notable case provided by aria law group. Two-part approach (the kazarian case) for eb-1a (alien of extraordinary ability) petition we can win your immigration case.
This category is for applicants with extraordinary ability in the sciences, arts, education, business or athletics. Job offer and labor certification are not required, but to self-petition they need to continue to work in the same field and be able to demonstrate how their expertise would benefit the us. To be qualified for this category, you must have received national or international acclaim which can be demonstrated by receipt of a major internationally recognised award such as nobel prize or the academy award. If you do not have evidence of a one-time achievement (major internationally recognised award), you must provide at least three of the ten listed criteria below (or comparable evidence if any of the criteria do not readily apply):.
Must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Evidence must meet 3 of 10 uscis criteria, or provide evidence of a one-time achievement.