EB-1 is the first-preference employment-based immigrant visa for legal permanent residency (green card) category for “priority workers.” EB-1 is advantageous because it generally does not require a labor certification (PERM) from the U.S. Department of Labor, and often has current immigrant visa availability.

EB-1A immigrant visas are for aliens of extraordinary ability

• EB-1A (Extraordinary Ability): For individuals with sustained acclaim in science, arts, education, business or athletics. Applicants must demonstrate extraordinary ability through major awards (Nobel, Pulitzer) or at least three categories of evidence, including:

Qualifying Evidence:

EB-1A applicants must document “extraordinary ability” (sustained national/international acclaim).

For an EB 1A (Extraordinary Ability) petition, USCIS recognizes 10 regulatory evidence categories. An athlete must meet at least 3 (or show a one time major achievement). In the context of a professional athlete, the 10 categories are:

• Lesser nationally or internationally recognized prizes or awards for excellence in the field (championships, MVP or other awards)
• Membership in associations that require outstanding achievements of their members, as judged by recognized experts (elite, invitation only sports organizations and events, membership on a national team)
• Published material about the individual in professional or major media (press coverage, athlete profiles, features)
• Participation as a judge of the work of others, individually or on a panel (judging competitions, conducting clinics)
• Original contributions of major significance to the field (innovations in play style, original tricks, training methods influencing the sport)
• Authorship of scholarly articles in professional or major sports publications (articles relating to the sport)
• Artistic exhibitions or showcases (featured competitions, demonstrations, or showcases)
• Leading or critical role for organizations or teams with a distinguished reputation (team captain, star player)
• High salary or other significantly high remuneration compared to others in the field (top athlete contracts, endorsements, sponsors)
• Commercial successes in the performing arts (typically not applicable to athletes)

EB-1 applicants benefit from no PERM requirement and usually current priority dates (all countries are current).No job offer is required; petitioners can self-petition.

Status and Benefits: EB-1 grants lawful permanent resident status. Green Card holders have authorization to live and work in the U.S., can sponsor certain family members, and may apply for U.S. citizenship/naturalization after meeting residency and other requirements. Spouses and unmarried children (under 21) of the EB-1 beneficiary can also obtain green cards as dependents.

For EB-1 U.S. residency petitions, contact our office. We help assess eligibility, compile and evaluate the required evidence of extraordinary achievement, and prepare the petition and adjustment application to apply for your U.S. permanent residency.