EB-1 cases: 

    • https://www.uscis.gov/sites/default/files/err/B2%20-%20Aliens%20with%20Extraordinary%20Ability/Decisions_Issued_in_2016/JUN082016_01B2203.pdf
    • https://www.uscis.gov/sites/default/files/err/B2%20-%20Aliens%20with%20Extraordinary%20Ability/Decisions_Issued_in_2012/Jul312012_03B2203.pdf



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    Important

    An influential court ruling known as “Kazarian” has affected USCIS decision for EB-1a cases. Put simply: even if the 3 of the criterion above are met, the USCIS Officer reviewing the petition can still deny the case if they feel that the applicant has not reached the level of extraordinary talent necessary for an EB-1 visa based on the totality of their career.

    Also note, aside from the requirements for this petition, an applicant must be sure that they are not subject to other admissibility issues before submitting an EB-1a petition.

    Finally, USCIS permits Premium Processing for EB-1a petitions.

    Government Filing Fees**

    ( I-140 Petition only, does not include )
    ( Adjustment of Status or Consular Processing )

    Filing Fee for Form I-140 Immigrant Petition for Alien Worker:                             $700
    Filing Fee for Form I-907 Premium Processing (Optional):                                  $1,225

    Legal Fees: Please contact the JQK Law Firm for a consultation and subsequent estimate.

    *(Subject to change)
    **(Please check the USCIS website for the most recent filing fee rates)

    Regulations: INA § 203(b)(1), 204(a)(1)(E); 8 U.S.C. § 1153(b)(1), 1154; 8 C.F.R. § 204.5(h); A.F.M 22.2 

    Important: None of the information provided here is legal advice. Please consult a Bar Registered attorney for a consultation for proper legal analysis.

    Please Note Regarding an EB-1 Petition

    • Comparable evidence may be acceptable, but is harder and not reliable.
    • Letters of recommendation on their own may not be helpful. They must be specific and garnered to satisfy a criterion. Furthermore, proper formatting must be followed.
    • A specific occupation must be specified. Moreover, the applicant must show that they intend to continue working in his/her area of expertise listed on the petition.
    • Proof of events that satisfy the criterion that occur after the submission of the  petition are not acceptable.
    • Not all categories can be satisfied by every type of field.
    • For articles, the number of articles, citations, span of time of publication, standing of the publishers and quality of the articles are all factors that affect those criterions.
    • If already granted an O-1 Visa, you will not automatically be granted an EB-1a. The standards for an EB-1a are much higher.

    EB-1a Employer Based First Preference:
    ​Extraordinary Talent and Abilities (E11, INA §203(b)(1)(A))

    This program is for Foreign Nationals that have shown extraordinary ability in the arts, sciences, education, business, or athletics and have sustained national and/or international praise in their field. To illustrate these achievements and recognition, the EB-1 applicant must provide extensive documentation to prove their extraordinary talent through the following:

    a)   Documentation of a very important one time achievement, such as a Pulitzer, Oscar, or Olympic Medal, OR

    b)    You must meet at least 3 of 10 of the criterion below:

    1. Proof of receiving a national and/or internationally recognized prizes or awards of excellence in your field.
    2. Proof of the applicants membership in recognized associations in their field that demand outstanding achievement before being allowed to become members
    3. Proof of published material about the applicant in professional or major trade publications or other media (in particular newspapers or magazines)
    4. Proof that the applicant has been asked to judge the work of others,  either individually or on a panel
    5. Proof of the applicants original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the applicant’s field
    6. Proof of the applicant’s authorship of scholarly articles in professional or major trade publications or other major media
    7. Proof that the applicant’s work has been displayed at artistic exhibitions or showcases
    8. Proof of the applicant’s performance of a leading or critical role in a distinguished organization
    9. Proof that the applicant commands a high salary or other significantly high remuneration in relation to others in the field
    10. Proof of the applicant’s successes in the performing arts

    Notes on Publications, Citations, Articles and Patents

    Most Employment-Based (EB) Petitions for Lawful Permanent Residency ("LPR") in the U.S. require the potential immigrant to have an employer file the petition for the immigrant with a Labor Certification Application. Two exceptions to this requirement are the EB-1a Extraordinary Talent and EB-2c National Interest Waiver ("NIW") programs. These are called “Self-Petitioners” and do not require a specific offer of employment (job position) from an employer or a Labor Certification.

    Actors, Musicians, Directors, Wrestlers, Martial Artists, Painters, Doctors, Scientists, Researchers, Business Men and all people in the upper echelon of their field can potentially obtain a Green Card through this program.​

    Make A Request for an 
    EB-1 & NIW Evaluation

    EB-1a Extraordinary Talent Green Cards