Immigration Resources

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Aliens with Extraordinary Ability – EB1


An alien 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 may self petition under the EB-1 Classification as an Alien with Extraordinary Ability. “Extraordinary ability” is defined in the law to mean “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.”

A petition under this provision of the law must be accompanied by evidence that the alien has sustained national or international acclaim and that his or her achievements have been recognized by others in his or her particular field of expertise. Such evidence shall include evidence of a one-time achievement (ie. a major internationally recognized award). If the alien applicant has not received such an award, the alien must submit documentation and evidence concerning at least 3 of the following:

NOTE: If the above standards do not readily apply to the beneficiary’s occupation, the petitioner
may submit comparable evidence to establish the beneficiary’s eligibility.

Neither an offer of employment or labor certification is required for this classification. However, the petition must be accompanied by clear evidence that the alien is coming to the U.S. to continue work in the area of expertise. The alien must also show that his or her entry will substantially benefit prospectively the U.S.

If you have any questions, call South Florida Immigration Laywer Sean D. Hummel at (954) 385-3111.

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