Extraordinary Ability Visa EB-1
Extraordinary Ability Immigrant Visa

Extraordinary ability means "sustained national or international acclaim" that is extensively documented. Only a "small percentage who have risen to the very top of the field of endeavor" fall within this classification. Example: Nobel Prize recipients. Applicants do not need a specific job offer so long as they are entering the U.S. to continue work in the field of their extraordinary ability. Unlike most immigrant visa seekers, they can file on their own, rather than depending upon an employer to do so.

Outstanding professors and researchers are recognized internationally for their academic achievements. An applicant must have at least three years experience in academic teaching or research, and must enter the U.S. in a teaching or research position at a university or other institution of higher learning that has tenure or offers a chance at tenure. Alternatively, if the employer is a private company, its department, division, or institute also must employ at least three full time persons in research and have achieved documented accomplishments in an academic field.

Evidence that the professor or researcher is recognized as outstanding in the academic field is established by at least two of the following:

  1. Major prizes or awards for  outstanding achievement
  2. Membership in associations that require outstanding achievements
  3. Published material in professional publications by others about the applicant's academic work
  4. Judge of the work of others in the same or an allied academic field
  5. Original scientific or scholarly research contributions
  6. Authorship of scholarly books or articles in scholarly journals with international circulation.

No labor certification is required, but the prospective employer must provide a job offer and file a petition with the USCIS. Messing Law Offices can help as professional immigration labor attorneys to determine if an applicant is qualified for this type of visa and help make a persuasive presentation to the authorities in support of it. 

A multinational manager or executive who transfers to the United States is eligible for priority worker status if he or she has been employed outside the United States for at least one year of the last three years preceding the petition by a firm or corporation and seeks to continue service in a managerial or executive capacity to that firm or organization. The prior employment must have been in a managerial or executive capacity with the same employer, an affiliate, or a subsidiary of the employer outside of the United States that has been doing business for at least one year. No labor certification is required for this classification, but the prospective employer must provide a job offer and file a petition with the USCIS.

Messing Law Offices has extensive immigration lawyer expertise to help as immigration attorneys with EB-1 visa applications. Contact Messing Law Offices (520) 512-5432 if you need help with an employment visa.