For foreign nationals who have risen to the very top of their field, the eb-1 green card offers them and their spouses permanent residence in the United States. This category does not require a job offer in the United States, labor certification or minimum investment as is required for most other employment-based immigrant categories. Rather, the EB-1 category requires substantial documentation of extraordinary achievement and evidence that the foreign national will continue to work in their field of expertise once they become legal permanent residents.
For example, an engineer whose research in mechanical engineering is considered cutting-edge could qualify for a green card through the EB-1A category as long as extensive documentation demonstrates that his research can be used to improve commercial and military technology. USCIS will consider the applicant’s accomplishments and awards, as well as the level of acclaim that his work has received, in making its decision.
Excellence Rewarded: The Best EB-1 Green Card Options for Extraordinary Individuals
While USCIS has tried to discourage the use of comparisons between individuals in the same area of expertise when determining a person’s extraordinary ability, immigration lawyers have found that this is an important aspect of EB-1A cases. For example, an individual conducting research in the field of analytical chemistry may show that his research is superior to that of peers by showing that his work has been cited or published in leading journals, that he has presented at major conferences and was invited to contribute a chapter in upcoming books.
Unlike the other employment-based green card categories, all three EB-1 subcategories (plus EB-2 NIW) allow an individual to self-petition and bypass the employer sponsorship requirement. However, obtaining a green card through these categories can be complex because they have specific requirements that are difficult to meet. It is best to consult with a Legalpad immigration expert to learn more about the EB-1 visa process and which category might be the most appropriate for your unique qualifications and goals.