EB-1 Visa Petition
The EB-1 visa is reserved for those who possess “extraordinary ability” in the sciences, arts, education, business, or athletics. This extraordinary ability 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. EB-1 Visas can be petitioned via a National Interest Waiver (NIW) by those who can show they will benefit the interests of the United States.
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:
- Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
- Membership in associations in the field which demand outstanding achievement of their members;
- Published material about the alien in professional or major trade publications or other major media;
- Evidence that the alien has judged the work of others, either individually or on a panel;
- Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
- Evidence of the alien’s authorship of scholarly articles in professional or major trade publications or other major media;
- Evidence that the alien’s work has been displayed at artistic exhibitions or showcases;
- Performance of a leading or critical role in distinguished organizations;
- Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field;
- Evidence of commercial successes in the performing arts.
Please contact us at (407) 490-0696 or using the form on the right for a consultation to discuss EB-1 visas.
EB-2 Visa Petition
EB-2 visas are divided in two categories: (1) professionals holding advanced degrees or their equivalent and, (2) those with exceptional ability in the sciences, art or business. EB-2 Visas can be petitioned via a National Interest Waiver (NIW) by those who can show they will benefit the interests of the United States.
PROFESSIONALS HOLDING ADVANCED DEGREES
Applicants under must hold either a U.S. academic or professional degree or a foreign equivalent degree above that of a baccalaureate. The combination of five years of experience combined with a baccalaureate has been determined to be equivalent to obtainment of a Master’s degree.
EXCEPTIONAL ABILITY IN THE SCIENCES, ARTS OR BUSINESS
Applicants must demonstrate a level of expertise significantly higher than what would ordinarily be encountered in the sciences, arts or business. In order to qualify under this category, the foreign national must provide documentation of three of the following:
- An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;
- Letters documenting at least ten years of full-time experience in the occupation being sought;
- A license to practice the profession or certification for a particular profession or occupation;
- Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;
- Membership in professional associations;
- Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.
It must be noted that if the aforementioned documentation is not applicable, other comparable evidence of eligibility may be acceptable including expert opinion letters.
Please contact us at (407) 490-0696 or using the form on the right for a consultation to discuss EB-2 visas.