Employment-Based Immigration: First Preference EB-1-1 Immigrant Petition (aka EB-1-A)
In preparing an Employment-Based, First Preference – Section 1, I-140 petition, also known as an EB-1-1 or EB-1-A, filing, an applicant must adhere to a lengthy list of guiding principles. The applicant’s goal in this context is to demonstrate “extraordinary ability” in a given field or endeavor. To be sure, due to the strict requirements and high bar for approval, the pool of eligible applicants for this employment based immigration category is quite small.
Applicants in this category are required to demonstrate their “extraordinary ability” in the sciences, education, business, arts or athletics, and by way certain, specified types of proof. Importantly, applicants need NOT prove that they are being offered a job, position or any other type of full or part time role with a U.S. organization.
To be approved for EB-1-1 visa classification, an applicant must present evidence of having received a single, internationally recognized award, such as a Pulitzer, Oscar, Olympic Medial, OR documentation from at least 3 of the following categories of achievement:
- Documentation of receipt of any type of lesser national or international award for achievement in the field at issue,
- Proof of membership in an organization(s) relating to the talents at issue and which require members to have demonstrated an especially high level of achievement,
- Documentation reflecting that the applicant’s talents or achievements were featured in significant media outlets or trade publication
- Documentation confirming that the applicant has been invited to judge the work of his/her peers
- Documentation reflecting unique and particularly noteworthy contributions to the applicant’s field of expertise or specialization, whether it be in the sciences, academia, the arts, commerce, or the sporting world.
- Evidence of the applicant’s original written contributions or scholarship in prominent publications relating to the applicant’s field of expertise
- Documentation confirming the applicant’s presentations were featured in forums of prominence, and/or where other prominent artists work was on display or exhibited.
- Documentation of the applicant’s position of leadership in a prominent, particularly well known organization
- If a performing artist, proof the applicant’s particularly high level of commercial achievement
- Documentation the applicant is highly compensated for their contributions relative to other peers in their field
An EB-1-1 visa filing is accomplished by way of an I-140 petition with a U.S. DHS/CIS Service Center. If approved, the applicant is then eligible to undergo final immigrant visa/permanent residence processing either at a U.S. consular post in their home country, or if eligible, in the U.S. before US DHS/CIS, with the interview taking place at the applicant’s local US DHS/CIS Field Office.
Success in the preparation and filing of an EB-1-1I-140 petition mostly depends on the subject’s accomplishments or accolades in their particular field. However, of almost as much importance is the manner in which the subject’s case is presented. A clear, focused I-140 petition with substantial reflecting how the applicant meets all of the applicable requirements makes the job of the U.S. DHS/CIS decisionmaker easier as they review the filing. Merely completing the I-140 petition and attaching supporting documentation in a random, less organized fashion unfortunately can cause of the strength of the filing to be diminished, with the applicant losing out on the chance of attaining U.S. residence.
To optimize the chances of your EB-1-1 visa application being approved, contact Richard Hanus of the Law Offices of Richard Hanus, who will put to use his 25+years of experience in preparing a clear and powerful submission.