Experience, Integrity, Service
EB-1 petitions are intended for the most highly qualified foreign nationals. These petitions have two distinct advantages over most other employment-based immigrant petitions. First, no labor certification (PERM) is required for EB-1 petitions. Second, there is a larger supply of available permanent visa numbers for EB-1 petitions, meaning the backlogs that affect many EB-2 and EB-3 petitions do not exist for EB-1 petitions. There has been no backlog in the EB-1 category for any nationality, even India and China.
Caroline Ostrom, Minneapolis business immigration attorney, assists Petitioners nationwide who are pursuing a pursing legal permanent residence through the EB-1A or EB-1B categories. We encourage you to contact us if you need legal advice regarding EB -1A and EB-1B eligibility or the application process.
There are two main EB-1 categories aside from Multinational Managers or Executives (EB-1C). These are:
This category is reserved for the most highly qualified individuals. It is possible to “self-petition” in this category, without an employer or offer of employment. The extraordinary ability classification is available in the sciences, arts, education, business or athletics. Extraordinary ability requires sustained national or international acclaim, and requires substantial documentation demonstrating that the individual is recognized as one of the few at or near the top of his or her field. Extraordinary ability may be established by the receipt of a major, internationally recognized prize. Alternatively, credible evidence in at least three distinct categories may qualify. The categories of evidence include: lesser prizes and awards; membership in associations requiring outstanding achievement; published material about the individual in professional or trade publications; participation as the judge of the work of others; evidence of significant original contributions to the field; authorship of scholarly articles in the field; artistic exhibitions; performance in a leading role for distinguished organizations; receipt of a high salary relative to others in the field; or commercial success in performing arts.
This category requires international recognition as outstanding in a specific academic area. An employer and job offer are required. The job must be a tenured, or tenure-track teaching position within an institution of higher education, or a comparable research position. Research positions within universities are typically funded through grants, and renewed periodically as funding is available. These positions may also be suitable for outstanding researcher petitions if there is a history of successful funding for the position, and the university intends to continue seeking funding for the position. Research positions outside the higher education setting may qualify, if the employer has at least 3 full-time personnel in research in addition to the researcher who is petitioning for EB-1B status, and the employer has achieved documented success in an academic field. As with extraordinary ability petitions, receipt of a single major, internationally recognized prize will demonstrate the required international reputation. Alternatively, credible evidence in at least two distinct categories of evidence is required. The categories of evidence include: receipt of significant prizes or awards; membership in associations which require outstanding achievement; published material in professional publications written by others about the individual’s work; evidence of the individual’s participation as the judge of the work of others; evidence of significant original, scholarly research; or authorship of scholarly books or articles in the field.
It is important to note that for both the Extraordinary Ability and Outstanding Professor/Researcher categories, merely supplying some evidence in the required number of categories does not guarantee success. Rather, US Citizenship and Immigration Services employs a two-step review process in cases where a major international prize is not part of the evidence. The first step examines whether there is credible evidence in the minimum number of required evidentiary categories. Next, a separate evaluation of whether the evidence, when viewed in its totality, meets the overall standard for extraordinary or outstanding ability.
The immigration attorneys at Ostrom Law Office have extensive experience preparing all types of EB-1 petitions. Our experience provides insight into the actual application by US Citizenship and Immigration Services of the regulatory standards to particular cases. The adjudication of EB-1 petitions generally involves a substantial amount of discretion on the part of the adjudicating officer, and experience in dealing with these types of petitions is critical in almost all cases. The rare Nobel Prize winner may be able to succeed in an EB-1 petition on his or her own. Most applicants, however, will have a much more difficult time without the expertise gained over many years of experience.
Based in Minneapolis, our immigration team works with EB-1 Extraordinary Ability and Outstanding Professors and Researchers in the Twin Cities and nationwide. We welcome you to contact Ostrom Law Office for assistance with your immigration matter.