Across the United States of America, upwardly-mobile parents everywhere yearn for their children to be granted the Gifted and Talented label at school. Gifted and Talented implies that a young person learns and retains information with greater ease and ability than average students of similar age. Oftentimes the Gifted and Talented designated student demonstrates unusual curiosity and engagement with topics of interest, fearlessly exploring what can be known about the world.
There are variations on the label, but in the end a Gifted and Talented identification usually offers young people open-ended opportunities for learning and growth beyond the average student to include special classes, tutoring, travel, and library privileges. In short, being identified as a bright, capable, engaged student can be the vehicle for further opportunities.
Similarly, when applying for immigration to the United States, incoming individuals who are identified as exceptional in their field of work or study may also have opportunities and privileges that go above and beyond the average immigration experience.
What is an EB-1 Visa and Who Can Apply?
The United States grants EB-1 visas with a focus toward inviting a small percentage of individuals who have achieved status at the pinnacle of their field, whether that is art, science, business, or athletics. Naturally, the U.S. is invested in granting entry to those who would significantly benefit the workforce. During the EB-1 visa application process, candidates will be asked to demonstrate ongoing acclaim on national and/or international stages in his or her expertise via submission of a comprehensive CV and extensive documentation.
An EB-1 category visa, is reserved specifically for immigrants to the United States who are preferred over all other incoming individuals. In short, an EB-1 visa labels people as “priority workers” due to extraordinary ability (EA category), outstanding work as a researcher or professor (OPR category) with at least 3 years of teaching experience, and multinational executive or managerial status (MET category). EA, OPR, and MET categories offer a faster track to attaining entry into the United States for work than other visa categories. An EB-1 visa allows entry for individuals who would like employment-based permanent resident status (Green Card status) in the United States.
EB-1 Extraordinary Ability (EA) Visa
If you are applying for an EB-1A Visa for aliens who possess “Extraordinary Ability”, the labor certification requirement is waived and there is also no need to prove that there is a specific job offer waiting in the U.S. prior to immigration. This is likely of special interest for Ph.D. candidates, researchers, scholars, and others with advanced professional degrees. In order to achieve EB-1 EA status, one must demonstrate 3 out of 10 of the following, according to U.S. Citizenship and Immigration Services:
- Evidence of receipt of lesser nationally and/or internationally recognized prizes or awards for excellence
- Evidence of membership in associations in the field, which demand outstanding achievement of their members
- Evidence of published material about you in professional or major trade publications or other major media
- Evidence of judging the work of others, either individually or on a panel
- Evidence of original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
- Evidence of authorship of scholarly articles in professional or major trade publications or other major media
- Evidence that work has been displayed at artistic exhibitions or showcases
- Evidence of performance of a leading or critical role in distinguished organizations
- Evidence that of high salary or other significantly high remuneration in relation to others in the field
- Evidence of commercial successes in the performing arts
EB-1 Outstanding Researcher or Professor (OPR) Visa
If you are applying for an EB-1B Visa as an Outstanding Researcher or Professor (OPR), preferred immigration status is also offered and labor certification is waived. Immigrants should fill out Form I-140 as part of the EB-1 OPR petition and meet at least 2 of the 6 criteria, according to U.S. Citizenship and Immigration Services:
- Evidence of receipt of major prizes or awards for outstanding achievement
- Evidence of membership in associations that require their members to demonstrate outstanding achievement
- Evidence of published material in professional publications written by others about the alien’s work in the academic field
- Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
- Evidence of original scientific or scholarly research contributions in the field
- Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field
EB-1 Managerial or Executive (MET) Visa
If you are applying for an EB-1C Visa as with substantial Managerial or Executive status (MET), preferred immigration status is also offered and labor certification is waived. Immigrants must demonstrate a qualifying relationship between foreign and United States employers. A qualifying relationship demonstrates that the U.S. and foreign employers are one and the same or affiliates of one another. U.S. branch employers may also file Form I-140 on behalf of the prospective immigrant and prove that a valid job offer is waiting for the EB-1 MET candidate. According to U.S. Citizenship and Immigration Services:
- The petitioning employer must be a U.S. employer.
- The employer must have been doing business for at least 1 year, as an affiliate, a subsidiary, or as the same corporation that employed the beneficiary abroad
- The beneficiary must be employed in a managerial or executive position.
Labor certification for other types of immigrant visas is a qualified demonstration that an employer is ready to receive the prospective immigrant for a position. EB-2 and EB-3 visa applicants are required to offer a labor certification. EB-1 visa applicants are not obliged to produce similar certification.
Contact KPPB Law for Further Information on EB-1 Visas
For more information about legal services related to immigration, procuring visas, and certifications needed, please contact KPPB Law by sending a message online or by calling us to schedule a complimentary legal consultation. KPPB Law can assist and advise you in determining whether you satisfy U.S. government criteria of a person with extraordinary gifts, talents, and abilities. Furthermore, our experienced immigration attorneys can devise a strategy and the appropriate paperwork that highlights background and special achievements that may result in creating a successful EB-1 Visa application.
Beeraj Patel, Esq.
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