Law Office of Mark Galvin
Law Office of Mark Galvin

Four Decades Of Experience In
Immigration Law

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EB-1A – Extraordinary Ability

The EB-1A Extraordinary Ability category has the following features:

  • It does not require employer sponsorship … clear evidence that will work in the field is necessary
  • There are no backlogs in the EB-1 category (except occasionally for India and PR China born applicants) and, therefore, EB-1/I-140 petition can be concurrently filed with the I-485 Adjustment Application
  • It is especially beneficial to India and PR China born applicants who face long delays in the EB-2 category

An EB-1A/I-140 (Extraordinary Ability) petition generally requires evidence that the person have extraordinary ability in the sciences, arts, education, business or athletics demonstrated by sustained national or international acclaim and documented evidence of achievements in the field – and will provide substantial prospective benefit to the US. This evidence must consist of receipt of a major internationally recognized award such as Nobel Prize or Academy Award or, more likely, at least three of the following:

  • Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field;
  • Membership in associations in the field which require outstanding achievements of their members, as judged by recognized national or international experts;
  • Published material in professional or major trade publications or major media about the person’s work in the field;
  • Participation, either individually or on a panel, as the judge of the work of others in the same or allied field of specialization;
  • Original scientific, scholarly or artistic contributions of major significance in the field;
  • Authorship of scholarly books or articles in professional journals or other major media;
  • Artistic exhibitions or showcases in more than one country;
  • Performance in lead, starring or critical role for organizations with distinguished reputations;
  • High salary or remuneration in relation to others; or
  • Commercial success in the performing arts
  • Other comparable evidence

The successful EB-1A petition for scientists and researchers, similar to the EB-1B Outstanding Researcher/Professor category, will normally include the following proof:

  • Service as a Referee/Peer-Reviewer for an international journal(s)
  • Expert opinion letters from other scholars confirming that the applicant has made original, significant and practical contributions to the academic field … and has important applications to military, defense, aerospace, automotive, consumer goods, high technology, healthcare, etc. national interests
  • The applicant’s research is frequently cited as authoritative in other international journals – this can be determined from search results from websites likes ISI, Google Scholar and SciFinder
  • Peer-reviewed articles in leading international journals
  • Peer-reviewed presentations at academic conferences

The Law Office of Mark Galvin has substantial experience and excellent track record with EB-1A/I-140 Extraordinary Ability petitions. We will provide you with sample Expert Opinion letters and confirmation of Referee/Peer-Reviewer service with international journals including the selection criteria.

Contact the Law Office by e-mail or by calling 401-519-7214 or toll-free 888-859-2138 for services in the United States or abroad. We offer a flat fee structure so that you know what you are paying at the outset without any hidden or undisclosed costs.

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