The First Preference Immigration Petition (EB-1) is an employment based petition for permanent residence reserved for those aliens with “extraordinary ability” in the sciences, arts, education, business, or athletics. The alien’s extraordinary ability must be demonstrated by sustained national or international acclaim and by recognition in the field through extensive documentation. This Petition requires a level of expertise indicating that the individual is one of a small percentage who has risen to the very top of the field of endeavor, to be granted the classification.

The extraordinary ability alien’s entry in the United States must “substantially benefit prospectively the United States.” An alien seeking classification pursuant to the First Preference Immigration Petition (EB-1) is not required to show that he or she has a specific job offer, as long as the alien is entering the United States to continue work in the field in which he or she has extraordinary ability. Even though a specific job offer is not required, the Immigration Services requires that the alien submit “clear evidence,” such as letters from prospective employers, evidence of prearranged contracts, or a statement detailing the alien’s plans for continuing his or her work in the United States. Evidence that shows that the alien will continue to work in his or her field upon admission to permanent residence is sufficient to document that the alien’s admission will substantially benefit prospectively the United States.

The most important aspect of the First Preference Immigration Petition (EB-1) is the documentation required to establish “extraordinary ability.” Extraordinary ability may be established by evidence of receipt of major internationally known award. Absent receipt of such award, the alien must include at least three types of evidence from the following list:

1. Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
2. Membership in associations in the field which demand outstanding achievement of their members;
3. Published material about the alien in professional or major trade publications or other major media;
4. Evidence that the alien has judged the work of others, either individually or on a panel;
5. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
6. Evidence of the alien's authorship of scholarly articles in professional or major trade publications or other major media;
7. Evidence that the alien's work has been displayed at artistic exhibitions or showcases;
8. Performance of a leading or critical role in distinguished organizations;
9. Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field;
10. Evidence of commercial successes in the performing arts.

If you are in need of an attorney experienced in filing in the first preference category of employment-based immigration and would like to arrange for a consultation via telephone, email, internet phone or in person, please contact Colombo, Hurd, & Brandt, PL today for your consultation at 1 (800) 549-5523.