EB-1(1): “Aliens of Extraordinary Ability”

At the Law Office of Matthew I. Hirsch, we have many years of successful experience working with “aliens of extraordinary ability.” This classification falls under the Employment-based First Preference, referred to as the EB-1(1) category, and has three important and unique characteristics:

  1. It allows individuals to self-petition; this means that no sponsor, employer or agent is required.
  2. It does not require Labor Certification; no recruitment, advertising or other test of the labor market is required.
  3. The demand for visas in this category does not exceed the supply. This means that, unlike the EB-2 and EB3 categories, there are no backlogs or wait times for visa numbers.

By law, for a case to succeed, an applicant must prove that he or she has “extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation.” Regulations require proof that the alien is one of “that small percentage who have risen to the very top of the field of endeavor.”

CIS regulations state that the winner of a major internationally-recognized award will qualify for the EB-1(1) classification. However, in lieu of such recognition, an applicant can demonstrate eligibility by producing evidence from three (3) of the following categories:

  • Receipt of lesser recognized prizes or awards;
  • Membership in associations that require outstanding achievements;
  • Published material in professional/major media about the alien;
  • Participation as a judge/referee/critic evaluating the work of others;
  • Original scientific, scholarly or artistic contributions;
  • Authorship of scholarly articles in professional journals or other major media;
  • Artistic exhibitions/shows;
  • Leading role within an organization with a distinguished reputation;
  • High salary/compensation for services compared to others;
  • Commercial success in the performing arts;
  • “Other comparable evidence to establish the beneficiary’s eligibility”.

In addition to the above, the evidence must demonstrate that the applicant will continue to work in the area of extraordinary ability in the U.S. and that his or her work is of substantial and prospective benefit to U.S. national interest.

Choosing the right law firm is essential to the successful preparation of your EB-1 case. Proper preparation of cases in the EB-1(1) category requires knowledge of the law, regulations, relevant precedent and current policy. In addition, experience is essential to knowing how to prepare a case for maximum impact and likelihood of approval.

At the Law Office of Matthew I. Hirsch, we regularly work on EB-1(1) cases. Examples of successful cases include:

  • A physician or scientist from India engaged in advanced medical research in clinical cardiology and cardiovascular medicine,
  • A microelectronics expert from China, working on the development of next-generation display technologies involving electroluminescent  materials,
  • An astrophysicist from India, ranked among the world’s leading experts on gravitational wave astrophysics and extra-solar planets,
  • A citizen of Brazil who is a championship athlete and one of the world’s experts in the sport of Brazilian Jiu Jitsu, wrestling and self-defense,
  • An Olympic-qualifying middle-distance runner from Serbia with record breaking success in intercollegiate and international competition,
  • A distinguished scholar-professor from Greece with internationally recognized expertise in classical antiquity.

These are just a few of many examples of EB-1(1) cases that our firm has successfully filed. We welcome the opportunity to review the resumes of highly-accomplished persons to assess their eligibility for EB-1(1) status. For experienced analysis by Matthew I. Hirsch, please contact us or send an e-mail with C.V. to info@hirschlaw1.com.