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The Basic Features: The EB-1 visa is the highest preference employment-based petition for permanent residency in the United States and is targeted towards individuals who are amongst the most successful in their fields within the fields of education, sciences, arts, business, or sports.
Unlike all the other employment-based applicants for permanent residency, the EB-1a visa does not require an offer of employment; instead, the applicant is granted permanent residency solely based on his professional ability.
The EB1-a category is targeted towards individuals of extraordinary ability in their field of work.
There are 2 ways to meet the requirements for the EB1 Visa:
No labor certification or job offer is required for an Extraordinary Ability Green Card. Applicants must qualify on the basis of their abilities in the sciences, arts, education, business or athletics, and must intend to continue working in their field. “Extraordinary Ability” is defined as having reached the top of one’s field of endeavor.
Evidence must be presented of either:
(a) “sustained or international acclaim,” and that the applicant’s achievements have been recognized in his or her field of expertise (e.g. major international award); or
(b) that three of the following apply in the applicant’s case:
(c) comparable evidence.
The EB-1 is targeted towards individuals who are amongst the most successful in their fields within the education, sciences, arts, business, or sports. The following are the three EB-1 sub categories:
The application procedure for the EB-1 visa is complex and requires a considerable amount of documentation. It is critical to have an attorney who is experienced and thorough in complying with the complicated requirements of the petition process.
At Sethi & Mazaheri, our firm will advise you of the different documentation needed for the EB-1 visa and anticipate potential barriers to entry in order to make sure that your initial application has the maximum chance for favorable action. To find out if you qualify for the EB-1, contact us now.
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