Skip to content
All posts

What are the requirements for obtaining an EB-1 visa for individuals with extraordinary ability?

As an attorney, I can advise you on the requirements for obtaining an EB-1 visa for individuals with extraordinary ability.

The EB-1 visa is a type of employment-based visa that is reserved for individuals who possess extraordinary ability or talent in their field of work, including the arts, sciences, education, business, or athletics. The standard for qualifying as an individual with extraordinary ability is high, and it involves demonstrating sustained national or international acclaim in one's area of expertise.

To qualify for an EB-1 visa as an individual with extraordinary ability, an applicant must demonstrate their ability by providing evidence in the form of documentation. This documentation should include evidence of:

  • Receipt of a major internationally recognized award, such as a Nobel Prize or Pulitzer Prize, or evidence of at least three of the following:
    • Receipt of lesser nationally or internationally recognized prizes or awards for excellence in one's field
    • Membership in associations in the field that require outstanding achievements of their members
    • Published material in professional or major trade publications or major media about the applicant and their work
    • Individually authored scholarly articles in professional journals or other major media
    • Evidence of the applicant's participation, either individually or as part of a panel, as a judge of the work of others in the same or an allied field
    • Evidence of the applicant's original scientific, scholarly, artistic, athletic, or business-related contribution of major significance to the field
    • Evidence of the applicant's authorship of scholarly articles in the field, in professional journals or other major media
    • Evidence of the applicant's work displayed at artistic exhibitions or showcases
    • Evidence of the applicant's performance in a leading or critical role for organizations or establishments that have a distinguished reputation
  • Additionally, to be eligible for the EB-1 visa, the applicant must have a job offer from a US employer that is related to their area of extraordinary ability. The employer must file a Form I-140, Immigrant Petition for Alien Worker, with the United States Citizenship and Immigration Services (USCIS) on behalf of the applicant.

There are potential limitations and exceptions to this advice, including the fact that evidence requirements may vary depending on the field of expertise and the specific circumstances of the individual applicant. It may be beneficial to consult with an experienced immigration attorney for further guidance and assistance with the EB-1 visa application process.

In conclusion, to obtain an EB-1 visa for individuals with extraordinary ability, the applicant must provide evidence of their exceptional talent and sustained national or international acclaim in their field, as well as a job offer from a US employer related to their area of expertise.