provided by Jean D. Chen, Attorney at Law
EB1 is the first employment-based
preference for priority workers. People in this category can petition
for permanent residency without labor certification. There are 3 groups of priority workers:
In order to qualify for "extraordinary
ability" status, the person must show that he or she has extraordinary
ability in sciences, arts, education, business, or athletics which has
been demonstrated by sustained national or international acclaim and
whose achievements have been recognized in the field through extensive
documentation; Seeks to enter US to continue work in the area of
extraordinary ability; and whose entry will substantially benefit the
U.S. A level of expertise indicating that the individual is one of
that small percentage that have risen to the very top of the field of
endeavor and requires evidence of sustained national or international
acclaim and recognition. To qualify for EB1, you must show at least 3 of the following:
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Receipt of nationally or internationally recognized prizes or awards for excellence.
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Membership in associations that require
outstanding achievement of their members, as judged by recognized
national or international experts.
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Published material about the alien in professional or other major media, relating to alien's work.
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Participation as judge of the work of others either individually or on a panel.
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Original contributions of major significance.
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Authorship of articles in professional or major trade publications or other major media.
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Display of work in artistic exhibitions or showcase.
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Participation in a leading or critical role for organizations or establishments that have a distinguished reputation.
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High salary in relation to others.
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Commercial success in performing arts, box office receipts etc.
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Other comparable evidence. Client
can come in for a free initial consultation. The attorney will then
evaluate the case. If client hires the firm, the attorney will discuss
the most effective and appropriate strategy for the case. Attorney will
advise client as to the documentation requirements and legal issues
involved. Client will be asked to provide extensive documentation to
prove the expertise. Client will be asked to prepare the recommendation
letters from experts in the field. The firm will provide sample of the
letters if necessary. The firm will edit all letters and
recommendations provided by the experts in the field. The firm will
conduct extensive research regarding the field and print out the
relevant publications/articles in the field. The firm will prepare the
petition for client and/or employer to review. After the client signs
all the forms and the petition, the application will be finalized and
filed with the appropriate government entity. Client will be given
updates on the status of the case.
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