San Diego EB-1 Green Card for Extraordinary Ability

If you are at the very top of your field and have received national or international acclaim for your talents and accomplishments, you may qualify for an EB-1 extraordinary ability visa. This immigrant visa category allows you to gain permanent residence in the United States. These visas are difficult to attain, but they are an excellent immigration option if you are truly a standout in one of the following fields:

  • The arts.
  • The sciences.
  • Business.
  • Education.
  • Athletics.

Between 2,000 and 5,000 EB-1 visas are processed each year. In order to successfully apply for an EB-1 extraordinary ability visa, you must show your extraordinary ability, your sustained acclaim, prove that you will continue to work in your field in the United States, and that working and living in the United States will benefit the country.

Proving Extraordinary Ability

Unlike most other forms of employment-based immigration, first preference EB-1 extraordinary ability green cards do not require an employer sponsor and do not need labor certification through the Department of Labor. Instead the applicant must provide either provide proof of a major one-time achievement (such as a Pulitzer, a Nobel Prize, or an Oscar) or at least three of the below criteria:

  • Evidence of lesser prizes and awards.
  • Evidence of memberships in elite organizations or associations related to your field.
  • Journalism pieces about your achievements in noted national or international publications.
  • Evidence that you have been asked to judge others in your field.
  • Evidence of significant contributions to your field.
  • Published articles, written by you, related to your field.
  • Evidence that your work has been displayed in public, such as in a show or exhibit.
  • Evidence that you play a leading role in an organization in your field.
  • Evidence that you have had financial success or command a higher salary than others in your field.
  • Evidence that you have had commercial successes in the arts.

At Feldman Feldman & Associates, we can help determine if you qualify for the EB-1 category. If you do qualify we will also help you identify and obtain the appropriate documentation while preparing your EB-1 extraordinary ability case.

Not Eligible for the EB-1 Visa? You May Be Eligible for the EB-2 Visa.

After reading the requirements for proving extraordinary ability, you may realize how rare these visas are and how difficult it is to qualify. In this case, you may want to explore the second preference EB-2 visa option, which allows individuals with exceptional ability in business, the arts, or the sciences to live and work in the United States. Proving exceptional ability only involves proving that you have significantly more expertise than most people in your field. The downside is you may need to go through the labor certification process unless you qualify for a national interest waiver.

The EB-1 Visa & Your Immediate Family

If you successfully apply for an EB-1 visa, your spouse and unmarried children under the age of 21 may also apply to accompany you to the United States. They will also receive green cards and may apply for U.S. citizenship after five years of living in the United States. Your spouse is free to work while living in the United States, and your children may attend school.

EB-1 Extraordinary Ability Green Card Attorney in San Diego

Applying for the EB-1 extraordinary ability visa is not as straightforward as applying for other types of employment-based visas. Our San Diego immigration attorneys can help you complete your application, collect your documentation, answer your questions, and assist you with the immigration process from beginning to end. To speak with an EB-1 attorney at our offices or to learn more about our legal services, please contact us.