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Employment-Based First Preference (EB1) or Priority Workers
Posted
Jun 10, 2000
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Extraordinary Ability
Employer and
Labor Certification not required
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The
general requirement is that the individual should have risen to the
"top of her/his field of endeavor."
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(i) as demonstrated by national or international acclaim
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(ii) which should be recognized through extensive documentation and
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(iii) the alien should continue the work in the same field and
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(iv) would substantially benefit the U.S. prospectively.
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The definitions, being broad, could apply to a number of situations. The
general requirement is that the individual should have risen to the
"top of her/his field of endeavor."
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The law states that receipt of the Nobel Prize or at least three types of
evidence from the list below are needed to satisfy the criteria. Note that
the submitted documentation must relate to and support the specific case
presented to the USCIS.
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1. Documentation of the alien's receipt of lesser nationally or
internationally recognized prizes or awards for excellence in the field of
endeavor.
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2. Documentation of the alien's membership to associations in the field for
which classification is sought, which require outstanding achievements of
their members as judged by recognized national or international experts in
their disciplines or fields.
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3. Evidence of the alien's participation, either individually or on a panel,
as a judge of the work of others in the same or an allied field of
specification for which classification is sought.
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4. Published material about the alien in professional or major trade
publications or other major media, relating to the alien's work in the field
for which classification is sought. Such evidence shall include the title,
date, and author of the material, and any necessary translation.
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5. Evidence of the alien's authorship of scholarly articles in the field, in
professional or major trade publications or other major media.
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6. Evidence of the alien's original scientific, scholarly, artistic,
athletic, or business-related contributions of major significance in the
field.
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7. Evidence of the display of the alien's work in the field at artistic
exhibitions or showcases.
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8. Evidence of commercial successes in the performing arts, as shown by box
office receipts or record, cassette, compact disc, or video / DVD sales.
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9. Evidence that the alien has commanded a high salary or other
significantly high remuneration for services, in relation to others in the
field.
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10. Evidence that the alien has performed in a leading or critical role for
organizations or establishments that have a distinguished reputation.
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An advantage of this category is that an employer is not required to sponsor
this Petition.
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Our office has filed many
successful petitions on behalf of such extraordinary persons. In
many cases, the Murthy Law Firm will submit petitions in two or
three different categories for the applicant, assuming the applicant can
qualify under two separate categories. This will increase the chance of a
successful result especially in the case of nationals from China and India
with such a backlog in the employment-based, second preference petitions,
including the national interest waiver petitions.
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Our firm has successfully convinced the USCIS that an applicant satisfies
the criteria as a person of extraordinary ability. Examples are:
medical researchers, a professor of engineering and a software developer who
has a Ph.D. in two areas and has been responsible for state-of-the-art
innovations that have significantly advanced the field as a whole.
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