What are the eligibility requirements for obtaining an EB-1 visa as a person of extraordinary ability in the field of science or business?

To Obtain an EB-1 Visa as a Person of Extraordinary Ability in Science or Business

An individual must meet certain eligibility requirements, according to current laws and legal precedents in the United States:

1. Extraordinary Ability: The individual must demonstrate extraordinary ability in the field of science or business, as evidenced by:
   • Major prizes or awards;
   • Membership in associations that require outstanding achievement;
   • Published materials about their work; or
   • Original scientific, scholarly, or business contributions of major significance.
2. National or International Recognition: The individual must provide evidence of national or international recognition for their achievements.
3. Job Offer: The individual must have a job offer from a U.S. employer in their field of extraordinary ability, who will petition for their visa. Alternatively, the individual can apply for the EB-1 visa as a self-petitioner if they can demonstrate that they will continue to work in their field of extraordinary ability in the United States.
4. Benefit to the United States: The individual must show that their presence in the United States will provide a significant benefit to the nation, such as enhancing the economy, creating jobs, increasing cultural diversity, or contributing to the general welfare of the United States.

Note that there may be limitations or exceptions to these eligibility requirements depending on individual circumstances. For example, an individual with a PhD or master's degree may qualify for an EB-1 visa even if they do not have the same level of national or international recognition as someone who has won a major award. Additionally, the documentation required to demonstrate extraordinary ability can vary depending on the field of expertise.

If an individual meets the eligibility requirements for an EB-1 visa as a person of extraordinary ability in the field of science or business, they may wish to consult with an immigration attorney. An attorney can assist with preparing and submitting the necessary documentation, as well as advise on any potential issues that may arise during the application process.