The EB1 First Preference employment-based green card avenue is reserved for persons of extraordinary ability in the sciences, arts, education, business, or athletics. 

The term 'extraordinary ability' means "a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor."

An  'extraordinary ability' candidate:

• can petition for permanent residency without the time-consuming process of labor certification,

• can self-petition eliminating the need for an employer sponsor,  and 10

• is not required to have a specific job offer so long as he or she is entering the U.S. to continue work in the field in which he or she has extraordinary ability. 

Given that neither a labor certification nor a specific job offer is required, candidates with any noted success should consider this category, even in conjunction with pursuing labor certification in another category.

Applicants in this category must have extensive documentation showing sustained national or international acclaim and recognition in the field of expertise.   The standard for EB-1 is higher than that required for obtaining O-1 status.

Such evidence shall include evidence of a one-time achievement being either a major, international recognized award, or at least three of the following with direct relation to the field of endeavor for which extraordinary ability classification is being sought: 

• Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence;

• Documentation of the alien's membership in associations that require outstanding achievements of their members, as judged by recognized national or international experts;

• Published material about the alien in professional or major trade publications or other major media, relating to the alien's work in the field;

• Evidence of the alien's participation, either individually or on a panel, as a judge of work of others in the same or an allied field;

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

• Evidence of the alien's authorship of scholarly articles in professional or major trade publication or other major media.

• Evidence of the display of the alien's work at artistic exhibitions or showcases;

• Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;

• Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or ,

• Evidence of commercial successes in the performing arts as shown by box office receipts or record, cassette, compact disc, or video sales.

Note:  If the above standards do not readily apply to the beneficiary's occupation, the petition may submit comparable evidence.

Please call our office for answers to further questions or if you are interested in applying.