EB-1 “Extraordinary Ability” Immigrant Visas

This EB-1 work visa category is available to foreign workers with extraordinary ability in the arts, sciences, education, business, or athletics, demonstrated by sustained national or international acclaim, whose achievements have been extensively documented. This immigrant visa petition qualifies the beneficiary for permanent resident status if they can document their extraordinary ability and:

1. they seek to continue to work the field of extraordinary ability; and
2. their work will substantially benefit the United States.

The EB-1 “extraordinary ability” visa is intended “for the small percentage of individuals who have risen to the very top of their field of endeavor.” Unlike the O-1 visa, however, an “extraordinary ability” EB-1 applicant can self-petition, and does not need an employer or agent to sponsor them. EB-1 petitions do not require PERM labor certification from the U.S. Department of Labor and are filed on Form I-140 with the USCIS. Frequently, foreign workers applying for EB-1 status are eligible to file their personal application for a green card (I-485) concurrently with the I-140.