Extraordinary Ability

The employment-based 1st preference, also known as the priority worker category, is divided into three sub-groups, the first of which is "Aliens with Extraordinary Ability."

Preference category EB1(1) is for aliens with extraordinary ability. This is defined as an alien with a level of expertise indicating that the individual is one of that small percentage who has risen to the very top of the field of endeavor. The petition filed on behalf of an alien of extraordinary ability must be accompanied by evidence that the alien has sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise. The regulations set forth the type of documentation that must be submitted as evidence of this achievement. 
Neither an offer of employment in the United States nor a labor certification is required for this classification; however, the petition must be accompanied by clear evidence that the alien is coming to the United States to continue work in the area of expertise.

 
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