EB-1 Extraordinary Workers

Basic Requirements:

The EB-1 preference category is available to workers who possess extraordinary abilities in the fields of the arts, the sciences, education, athletics, or business. Generally speaking, individuals must be considered to be at the top of their respective fields to be eligible under this designation. For instance, foreign nationals typically have received significant awards—like a Nobel Prize—or possess at least three of the following forms of evidence that demonstrate a specific extraordinary ability:

1. Documentation of lesser-known prizes or awards recognizing excellence in a specific endeavor or field—prizes or awards must be nationally or internationally recognized;
2. Documentation of an association or membership that can only be obtained through outstanding achievements that have been recognized by judges who are national or international experts in their respective disciplines and fields;
3. Evidence that demonstrates direct participation as a judge—as an individual judge or as part of a panel—of others who work in the same or associated field in which classification is sought by applicants;
4. Material that has been published in a major media outlet or trade publication about the applicant that is related to the applicant’s work in the field for which classification is sought out (evidence should include the title, author, date, any necessary translation of the work);
5. Evidence that the applicant has authored a scholarly article in his or her field in a major professional, trade, or other publication;
6. Evidence that demonstrates the applicant’s original artistic, scientific, scholarly, athletic, or business-related contribution to his or her field;
7. Evidence that demonstrates the applicant’s work in the form of artistic showcases or exhibitions;
8. Evidence that demonstrates commercial success in some form of performance arts—including, box office records, video recording, or audio recording;
9. Evidence that demonstrates a comparatively high salary to others within the applicant’s specific field;
10. Evidence that demonstrates that the applicant has acted in a critical role for an establishment or organization that possesses a recognized and distinguished reputation.

Application Process:

Under this employment-based preference category, it should be noted the labor certification (PERM) is not required of applicants. Moreover, applicants from most countries (excluding China and India) will not need to wait for numerical availability before filing their petitions. As such, this category is likely to be immediately available for most people under this category.

Extraordinary workers do not require any specific job offer to enter the United States under this preference category, though they must demonstrate that they are entering the U.S. in order to work in the field of their extraordinary ability.

Family Members:

The spouse and children of the principle beneficiary of the EB-1 extraordinary worker status may obtain green cards under a derivative status. For children to be eligible for the derivative status, they must be under the age of 21 and unmarried.

Fees:

At the Law Office of William Jang, PLLC, our Austin immigration attorneys will charge the following in attorney’s fees when filing from within the United States with the U.S. Citizenship and Immigration Services (USCIS) (please look over the disclaimer at the top of this page), in addition to the filing fee currently charged by the USCIS.

Principal Worker:

Petition (step 1):

• $8,500 attorney’s fees
• $715 USCIS filing fee for Petition
• $300 USCIS Asylum Fee ($600 for large companies*) ($0 for nonprofit)
• $2,805 USCIS premium processing fee (optional)

* Large Companies are companies with more than 25 employees in the U.S.

Adjustment (step 2):

• $2,500 attorney’s fees
• $1,440 USCIS filing fee for Adjustment of Status
• $260 USCIS Employment Authorization Document (optional)
• $630 USCIS Advance Parole (optional)

Family’s Application (if any family is also applying):

• $1,500 attorney’s fees for each family member
• $1,440 USCIS fee for each person, (or $950 for each person under the age of 14)
• $260 USCIS Employment Authorization Document for each person (optional)
• $630 USCIS Advance Parole for each person (optional)

Experience:

If you plan filing for a green card under the EB-1 extraordinary worker preference category, the Austin immigration attorneys with the Law Office of William Jang, PLLC, have the experience and resources you will need to ensure that your application is complete and correctly submitted. To discuss the particulars of your application with one of our Austin immigration attorneys, please call our Austin offices at (512) 323-2333 today.

What do I need to begin the process?

Information and Documents required for EB-1 Extraordinary Workers

Sample Retainer Agreement