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EB-1 First Preference – Employment Based Immigration Extraordinary Ability Aliens

Basic Requirements:

First Preference Employment Based Immigration EB1 (Green Card) is available for Extraordinary Ability Aliens in the fields of sciences, arts, education, business, or athletics.  Generally the requirement is that the individual should have risen to the “top of her/his field of endeavor.”  In order to qualify the alien must have received a significant award such as a Nobel Prize or have at least three types of evidence from the list below related to and support the specific extraordinary ability:

  1. Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
  2. Documentation of the alien’s membership to associations in the field for which classification is sought, which require outstanding achievements of their members as judged by recognized national or international experts in their disciplines or fields.
  3. Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought.
  4. Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation.
  5. Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media.
  6. Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.
  7. Evidence of the display of the alien’s work in the field at artistic exhibitions or showcases.
  8. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disc, or video / DVD sales.
  9. Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field.
  10. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation.

Application Process:

This employment based preference category enjoys a significant advantage over other employment based categories. Labor Certification (PERM) is NOT required.  Furthermore, since 1990, individuals from most countries (except India and China) have been allowed to file their petitions and applications immediately without waiting for numerical availability.  The immediate availability of this category will likely to continue for individuals from most countries.  In addition, Extraordinary Ability Aliens do not require a specific job offer, as long as we can show that the alien is entering the US to work in the field in which he or she has extraordinary ability.

Family Members:

Spouse and children (under 21 and not married) are eligible to obtain green cards as a derivatives if accompanying the main beneficiary.

 

Fees:

The following is the attorney’s fee that the Law Office of William Jang, PLLC charges for a typical case of this type when filed in the United States at the US Citizenship and Immigration Services (US CIS) (please read the disclaimer on this page) and the filing fee currently charged by US Citizenship and Immigration Service (US CIS):

  • $10,000.00 attorney’s fees for the principal beneficiary and his/her immediate family
  • $580.00 US CIS filing fee for the main petition
  • $ 1,070.00 for each person ($635.00 for each person under 14 years of age)

 

Experience:

The Law Office of William Jang, PLLC has extensive experience representing individuals in the First Employment Based Category obtain green cards.  Please see a sample of approved cases.

What do we need to get started?

Information and Documents needed for EB-1 Extraordinary Ability Aliens

Sample Retainer Agreement

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