The EB1-EA Green Card is suitable for foreign nationals who have received national or international acclaim for outstanding achievements in Arts, Sciences, Education, Business or Athletics and their immediate family members.
No job offer or labor certification is required. In addition, an EB1-EA petition may be filed simultaneously with another Green Card application. One petition may be approved faster than the other and can offer additional protection if one petition should be denied while another is approved.
In order to qualify for the EB1-EA, the applicant must have won an international accolade like a Nobel Prize OR (very important) show documentation in three of the following areas:
- Receipt of lesser nationally or internationally recognized prizes or awards for excellence;
- Membership in associations in the field that demand outstanding achievement of their members, as judged by recognized national or international experts;
- Published material about the alien in professional or major trade publications;
- Evidence that the alien is a judge of the work of others in the field;
- Evidence of the alien’s original contributions of major significance to the field;
- Authorship of scholarly articles;
- Display of the alien’s work at artistic exhibitions or showcases;
- Evidence the alien has performed in a leading or critical role for organizations that have a distinguished reputation;
- Evidence that the alien commands a high salary in relation to others in the field; or
- Evidence of commercial success in the performing arts.
Extraordinary ability means a level of expertise indicating that the individual is one of that small percentage who has risen to the top of his or her field of endeavor. To be considered as an alien with extraordinary ability, the alien must have sustained national or international acclaim in the field of science, art, education, business or athletics, which must be recognized in the form of extensive documentation. The alien must be seeking to enter the United States to continue work in the field, and the entry of such alien must substantially benefit prospectively the United States.
Although no offer of employment (including labor certification) is required, for aliens with extraordinary ability the alien must include with the petition convincing evidence that he or she is coming to continue work in the area of expertise. There are no annual quotas or country restrictions.
The requirements imposed under this category are quite flexible. In our next blog we will state how the evidence can be assembled and presented to the USCIS. We will also comment on cases which have been approved by the USCIS under this category.
Have further questions or need paralegal advice? If so, feel free to contact us at www.myGreencard.com, or ask your local immigration attorney for more information. Our paralegal service provides high quality advice on how to fill out the petition forms and provide all required documentation. We look forward to helping you!