What are the eligibility requirements to obtain an EB-1 visa as an individual with extraordinary ability in my field?
To obtain an EB-1 visa as an individual with extraordinary ability
You must meet certain eligibility requirements. Firstly, you must demonstrate extraordinary ability in one of the following fields: sciences, arts, education, business, or athletics. Extraordinary ability is defined as a level of expertise indicating that the individual is among the top few percent in their field.
To demonstrate extraordinary ability, you must meet at least three of the following criteria:
- Received a major internationally recognized award, such as the Nobel Prize;
- Documentation of original contributions of major significance in the field;
- Published material in professional or major trade publications or major media about the individual's work in the field;
- Evidence of the individual's participation on a panel, or individually, as a judge of the work of others in the same or a similar field;
- Evidence of the individual's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance;
- Evidence of the individual's authorship of scholarly articles in the field, in professional or major trade publications or major media;
- Evidence of the display of the individual's work in the field at artistic exhibitions or showcases;
- Evidence of the individual's performance in a leading or critical role for organizations with distinguished reputations.
It is also important to note that, in addition to meeting these eligibility requirements, the individual must have a job offer from a U.S. employer to perform work in their field in the United States.
There are potential limitations to obtaining an EB-1 visa as an individual with extraordinary ability. For instance, the USCIS may have a different interpretation of the criteria than the individual's employer or attorney. Additionally, there may be a limited number of visas available in a given year, which could impact an individual's ability to obtain an EB-1 visa.
If an individual is seeking to obtain an EB-1 visa, it is recommended that they consult with a licensed attorney who is knowledgeable about the requirements and potential limitations of the EB-1 visa process.