Immigration Articles

Employment-based first preference (EB-1), the “extraordinary ability” immigrant category, is one way the U.S. government actively recruits global talent. It is aimed at people of exceptional ability or achievement in the sciences, arts, education, business, or athletics. Qualifying foreign nationals can apply directly for a green card without first obtaining a labor certification. Under immigration law there are three EB-1 categories:

Aliens of Extraordinary Ability (EB-1a): for those at the very top of their field in the sciences, arts, education, business, or athletics, with sustained national or international acclaim. EB-1a does not require a job offer in the U.S., but the applicant must satisfy at least three of the ten regulatory criteria.

Outstanding Professors and Researchers (EB-1b): for those internationally recognized for outstanding achievement in an academic field, with at least three years of teaching or research experience, who come to the U.S. to continue teaching or researching in the same field. EB-1b requires meeting at least two of the ten criteria and a qualifying job offer from a U.S. employer.

Multinational Managers and Executives (EB-1c): for managers or executives transferred to the U.S. by a multinational company. In the three years before the transfer the applicant must have worked abroad for the company for at least one year, and the U.S. employer must have been doing business for at least one year.

A key advantage of EB-1 is that, once approved, there is no need to spend the long time and additional money required for a labor certification. There is also generally no backlog, since the roughly forty thousand annual visas are rarely exhausted. A successful EB-1 petition requires both a strong applicant and a firm experienced enough to present that applicant’s achievements clearly and persuasively to the immigration officer.

In our experience, U.S. Citizenship and Immigration Services places particular weight on evidence originating in the United States when adjudicating extraordinary-ability petitions — for example, recommendation letters from authoritative U.S. organizations or prominent professors, membership in respected U.S. organizations, solo exhibitions held in the U.S., or performances on U.S. stages. Officers are not specialists in every field, and they naturally scrutinize a stack of foreign certificates and letters more skeptically. The authority and influence of U.S.-based experts carries significant weight.

A successful application also depends on how the applicant is “packaged.” Presenting one’s talents and achievements in clear, accessible language is essential — much as a new performer needs the right presentation to become recognized. A strategic, well-organized presentation helps a petition stand out among many similar applications. If the applicant’s English or organizational skills are limited, we recommend working with an experienced firm.

Our firm includes highly educated staff with backgrounds in chemical engineering, computer science, quantitative analysis, physical therapy, the arts, athletics, and academic research. We tailor the right strategy for each applicant and present their professional ability and achievements to the immigration officer in precise, clear legal language. The first consultation is free.

Whether you are applying for a green card, naturalization, asylum, or another immigration benefit, the forms will ask whether you have a criminal record, and USCIS will typically take your fingerprints and review your background.

In our years of experience, most clients have only minor offenses — but even a minor offense can be enough to cause an immigration application to be denied, because immigration law defines a conviction very broadly. In criminal court, whether you are guilty turns on the judge’s ruling, and a first-time offender may have charges dismissed. In immigration law, however, even a light sentence can count as a conviction if the underlying offense is serious and there has been an admission of guilt. For example, giving a massage without a license is a serious offense in New York. In many cases a judge will agree to dismiss the charge if you complete a designated educational program and stay out of trouble for a period of time — leaving no public record. But completing that program can amount to an admission of the offense, which immigration law may treat as a conviction, potentially affecting future applications or even leading to removal.

For this reason, we strongly recommend that immigrants with any criminal history retain an attorney experienced in both criminal and immigration matters before filing, to avoid unnecessary complications. If you have questions, or are hesitating to apply because of a criminal record, please visit our office in Manhattan. The first consultation is free.