Wednesday 20 December 2023

The US practice at Laura Devine Immigration offers assistance with all aspects of US citizenship and immigration matters, from assessing eligibility to support with compiling your petition and all required documentation, to preparation at the interview stage.

In particular, we offer assistance with ‘green card’ petitions and processing, including employment-based petitions such as the EB-1 category of green card for Aliens of Extraordinary Ability.

The EB-1 category of green card for Aliens of Extraordinary Ability, including for persons with extraordinary ability in business, is particularly appealing because this category does not require a job offer from a sponsor, so it can be ‘self-petitioned.’

This category is suitable for those in the sciences, arts, education, business, or athletes with national or international acclaim and whose achievements are recognised in their fields, based on either:

• 1. evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal) or
  2. substantial evidence meeting at least 3 of the following 10 criteria:
     • receipt of nationally or internationally recognized prizes or awards for excellence
     • membership in associations in the field which demand outstanding achievement of their members
     • published material about the applicant in professional or major trade publications or other major media
     • evidence of having judged the work of others, either individually or on a panel
     • original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
     • authorship of scholarly articles in professional or major trade publications or other major media
     • the applicant’s work has been displayed at artistic exhibitions or showcases
     • performance of a leading or critical role in distinguished organizations
     • a high salary or other significantly high remuneration in relation to others in the field
     • commercial successes in the performing arts

Some of the above criteria apply only to artists, but persons with extraordinary ability in business can also qualify based on, for example, evidence of receipt of awards in the field, membership in exclusive organisations, original contributions to the field, and performance of a critical role in reputable organisations. In addition, the applicant must provide evidence that, once in the US, he or she will continue to work in the area of his or her expertise.

Premium (expedited) processing is available for the USCIS petition for the extraordinary alien EB-1, so you have the option of receiving a decision within 15 calendar days. However, once approved for an EB-1, the final stage of the green card process (consular processing or adjustment of status) cannot be expedited.

Contact the US Team for advice on your employment-based immigration matters or enquiries@lauradevine.com.