Extraordinary Ability And National Interest Aliens (EB-1 and NIW)
The Immigration and Naturalization Act provides for immigration without labor certification or job offer for certain highly qualified individuals who have been determined to be “aliens of extraordinary ability” or aliens whose immigration is “in the national interest.” These related petition categories require that the applicant prove superior ability in an area that benefits the U.S. and that the benefit to the U.S. be greater than would be typical for an individual in the field.
These categories are available for people in every field. Our office, in fact, has been successful with hundreds of these applications for primary and non-primary physicians, scientists, engineers, business people, and artists.
For establishing extraordinary ability in the normal case, the petitioner must prove that he or she is one of a few at the top of his field and this must be supported by evidence from at least three of eight categories:
- Significant Contributions: These can include research as well as practical or clinical contributions (care report, improving clinical modality)
- Honors, Awards and Distinctions: This can include any distinctions you received while studying or training any research or study grants; any prizes for presentations, any specialization certificates (M.R.C.P., M.D.), competitive fellowships or residency positions, etc.).
- Publications: Include written and oral presentations and abstracts in journals, conferences or professional meetings.
- Leading and Critical Posts: Include jobs in which the petitioner has significant research, teaching, practical or administrative responsibility.
- Judge of the Work of Others: Includes teaching and research evaluations.
- Membership in Societies, which require Outstanding Achievements: Includes specialty certifying societies, and professional societies.
- Material about the Alien: Includes newspapers, magazine clippings, citations, etc.
- High Salary in Comparison to Others: In the country in the field at the time.
Evidence submitted should include at least a half dozen testimonial letters from the petitioner’s peers or supervisors testifying in detail how the applicant meets the standards. It should also include substantial corroborating evidence, such as degrees, diplomas, specialty certifications, evidence of high scores on exams, and of course, any relevant research.
Our office is highly experienced in developing these cases in the meticulous manner that is required. The office spends significant time working with individual clients to develop unique qualifications of the individual and to ensure that they are put into letters that are presented. We also ensure that the petitioner collects as much of the corroborating evidence as is possible.
The strategy can have unique benefits since it requires no job offer or labor certification and can support a simultaneously filed application for adjustment of status as well as work authorization and travel permission allowing the petitioner and his or her family to work and travel freely often within a couple of months of filing. This strategy can be used as an exclusive immigration strategy or can complement any other strategy.