Employment based visas allows an individual to immigrate to the United States (i.e. obtain a green card), if certain criteria are met. These categories of visas generally require a sponsor (i.e. an employer) and most require the employer to go through the labor certification process with the U.S. department of labor.
The Eb-1 visa is an exception to most the Employment based categories with the other exception being the Eb-5 (i.e. investment visa), which do not require a sponsor a party may self-petition.
The Employment Based (EB) first category of visas is available generally to 28.6% of worldwide visas plus any unused investor and special immigrant visas. This type of visa is available to:
Alien’s with extraordinary ability in 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; and Alien’s seeking entry to continue work in the area of extraordinary ability; and; Entry of the alien will substantially benefit prospectively the U.S.
As mentioned above no employer is needed in this type of visa category. The legislative history of this type of visa states that this category is intended “for the small percentage of individuals who have risen to the very top of their field of endeavor.”
The evidence required to obtain this type of visa are extremely important since they must demonstrate that the alien has “sustained or international acclaim” and that the beneficiary’s achievements have been recognized in his or her field of expertise.
There is a $580.00 filing fee for this type of visa and individuals may apply from their place of residence.
Having an experienced Immigration lawyer who is familiar with the agency’s policies, rules, and guidelines in processing these types of application is extremely crucial in making sure that your visa is approved. Don’t go through this process alone, having a strong petition letter along with the correct evidence will make a substantial difference between getting your visa approved or denied.
If you believe this type of visa applies to you contact our office for a FREE evaluation of your case. San Diego immigration lawyer Omid Rejali, Esq. will personally evaluate your case and will let you know whether you could benefit from this type of visa.