Law Offices of Robert J. Jacobs, P.A.

Foreign individuals with extraordinary ability in the arts, sciences, entertainment, business, or athletics are eligible for the employment-based first preference (EB1-1) category.  The benefit of this category is that the individual may petition on his or her own behalf rather than depend on an employer as a sponsor. It also allows the individual to bypass the labor certification requirement as a prerequisite for permanent residence.

A foreign individual seeking an immigrant visa in this category must demonstrate sustained national or international acclaim, the evidence for which must include the following:

1.	A one-time achievement of a major international recognized award (e.g. Nobel Prize); OR
2.	Documentation of any three of the following: a. Receipt of lesser nationally or internationally recognized prizes or awards; b. Membership in associations in the field of endeavor that require outstanding achievement of their members; c. Published material about the person in professional or major trade publications or other major media; d. Participation as a judge of the work of others; e. Evidence of original scientific, scholastic, artistic, athletic or business-related contributions of major significance; f. Authorship of scholarly articles in the field; g. Artistic exhibitions or showcases; h. Performance in a leading or cultural role for organizations or establishments that have a distinguished reputation; i. High salary or remuneration in relation to others in the field; j. Commercial success in the performing arts.

The EB1-1 petition is filed at the appropriate USCIS Service Center.  As long as there is a visa number available at the time of filing the petition, the individual may apply concurrently for adjustment of status with his/her spouse and children under 21 years of age.  Alternatively, he may file for adjustment of status after the EB1-1 petition is approved, or after approval he may chose to undergo consular processing of his immigrant visa at a U.S. consulate abroad.

As with the family-based preference categories, the number of immigrant visas in the employment preference categories are also subject to an annual numeric limitation for nationals of each country.  The filing date of the immigrant visa petition establishes the priority date for the application.  However, unlike the family-based categories, the employment-based categories are normally current.  Click the Department of State Visa Bulletin for the priority dates for preference category petitions and to find the backlog for each preference category.

To request a consultation regarding a petition as an Alien of Extraordinary Ability in the arts, sciences, entertainment, business, or athletics please contact our office here.