EB Extraordinary Ability Visas

The extraordinary ability (EB-1) visa is reserved for the small percentage of people who have risen to the very top of their professional field. These lucky individuals have proved extraordinary ability in the sciences, arts, education, business or athletics with ongoing national or international acclaim.

You don't need a labor certification, but you must show evidence that you'll continue to work in the United States in your field of expertise. Documentation could include:

• Letter(s) from prospective employers
• Evidence of prearranged commitments, such as contracts
• A statement detailing how you plan to continue your work while in the U.S.

You must show evidence that you've won national or international acclaim and that your achievements have been recognized in your field of expertise. Proof must include evidence of a one-time achievement (such as an internationally recognized award) or at least three of the following:

• Receiving a lesser national or international award or prize for excellence in your field
• Membership in associations in your field, which require outstanding achievements of their members, as judged by recognized national or international experts
• Published material relating to your work in a professional or major trade publication or major media
• Participation as a judge of others' work in your field
• Original scientific, scholarly, artistic, athletic or business-related contributions of major significance in your field
• Authorship of scholarly articles in your field, in professional or major trade publication or other major media
• Having your work displayed at artistic exhibitions or showcases
• Performing in a leading or critical role for organizations with a distinguished reputation
• Making a high salary compared to others in your field
• Commercial successes in the performing arts (as shown by box office receipts or record, cassette, CD or video sales)

All extraordinary ability petitions- called "I-140s," must be filed at the Bureau of Citizenship and Immigration Services (previously INS) Regional Service Center with jurisdiction over where you'll work.

Andrew M. Wilson is an immigration attorney practicing in New York. He is a member of the Serotte Reich & Wilson, LLP firm, and can be reached at awilson@srwlawyers.com .

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