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LAW OFFICES OF JINGSONG CHEN
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EB1A-Priority Workers: Extraordinary Ability

Overview

    Employer-Not required

    Labor certification-Not required

Aliens with extraordinary ability are those 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." You must be one of "that small percentage who have risen to the very top of the field of endeavor," to be granted this classification. For example, if you receive a major internationally recognized award, such as a Nobel Prize, you will qualify for an EB-1 classification. Other awards may also qualify if you can document that the award is in the same class as a Nobel Prize.


Requirements

A. Since few workers receive this type of award, alternative evidence of EB-1 classification based on at least three of the types of evidence outlined below, is permitted. The worker may submit "other comparable evidence" if the following criteria do not apply:

1.      Receipt of lesser nationally or internationally recognized prizes or awards for excellence;

2.      Membership in associations in the field which demand outstanding achievement of their members;

3.      Published material about the alien in professional or major trade publications or other major media;

4.      Evidence that the alien has judged the work of others, either individually or on a panel;

5.      Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;

6.      Evidence of the alien's authorship of scholarly articles in professional or major trade publications or other major media;

7.      Evidence that the alien's work has been displayed at artistic exhibitions or showcases;

8.      Performance of a leading or critical role in distinguished organizations;

9.      Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field;

10.  Evidence of commercial successes in the performing arts.   

B. If the above standards do not readily apply to the alien's occupation, you may submit comparable    evidence to establish the alien's eligibility; and  

C. Evidence that the alien is coming to the United States to continue work in the area of expertise. Such evidence may include letter(s) from prospective employer(s), evidence of prearranged commitments such as contracts, or a statement from the alien detailing plans on how he or she intends to continue work in the United States .

Process

A USCIS Form I-140 (Petition for Alien Worker) is required. All I-140 petitions must be filed at the USCIS Regional Service Center that has jurisdiction over the place where the individual will work. The petition packet must include the required documentary evidence and should follow the specific filing guidelines of the Service Center. No labor certification is needed for EB-1A petitions.

  Fees
  Please contact us for the current filling fees and our attorney fee.

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