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It is a win-win situation. For this reason, foreign nationals who are in the top of their field of endeavor may be able to obtain permanent residence in the U.S. without having to wait a lengthy period to obtain a visa.
The qualifying applicant's achievements must be recognized. If you wish to classify for an EB-1A visa, you will have to establish that you as the applicant are at the very top of your field of endeavor. How do you prove that you are extraordinary? This burden will be met if you have evidence of a one-time achievement (i.e., Pulitzer Prize, Oscar, or Olympic Medal). If you have not received such a distinguished accolade, you should not get discouraged. While the standard for EB-1A classification is very high, if you are in the top of your field, you can obtain an EB-1A visa if you can demonstrate that you satisfy 3 of the following 10 criteria:
1. Receipt of lesser nationally or internationally recognized prizes or awards for excellence
2. Evidence of membership in associations in the field which demand outstanding achievement of its members
3. Evidence of published material about you in professional or major trade publications or other major media
4. Evidence that you have served as a judge (individually or as a part of a panel) to evaluate the work of others
5. Evidence of your original scientific, scholarly, or artistic contributions of major significance
6. Evidence of your authorship of scholarly articles in professional journals or other major media
7. Evidence that your work has been displayed at artistic exhibitions or shows
8. Evidence of your leading role within an organization with a distinguished reputation
9. Evidence of your high salary/compensation for services in comparison to others
10. Evidence of your commercial success within the performing arts
In addition to meeting 3 of the 10 criteria, USCIS requires proof that you will continue to work in your area of extraordinary ability in the U.S. and that your work is of substantial and prospective benefit to U.S. national interest. Compiling and presenting this evidence may sound like an overwhelming project. It is a lot of work but we are here to help.
It is the applicant's burden to demonstrate he or she meets the high standard of the EB-1 classification. EB-1 cases require close attention to the applicant's qualifications, achievements and goals.
This is where our experienced immigration attorneys and individualized attention can make a difference.
At Labrada Dume & Associates, we will lead you through the application process and help you through the meticulous process of collecting documents and evidence that satisfies several of the above criteria. We have assisted several nationally and internationally acclaimed foreign nationals obtain their green card, including, but not limited to musicians, actors, artists, and fashion designers.
If you are a foreign national with extraordinary ability please contact us and learn how our attorneys may assist you. We look forward to helping you demonstrate you are among the best and help put you on the path to even greater accomplishments.
Marilyn Labrada Dumé
Founder & Managing Partner
Marilyn Dume is the founder and managing partner of the firm. Ms. Dume earned a Juris Doctor degree from Columbia Law School in 1989. Prior to attending Columbia, Ms. Dume attended University of Pennsylvania where she received her Bachelor of Arts degree in 1986. Ms. Dume is admitted to the New Jersey State Bar.