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The EB-1 Extraordinary Ability Green Card

United States immigration laws allow people who demonstrate exceptional or outstanding abilities in their fields of expertise to apply for a Green Card based on their extraordinary abilities. Green Cards based on extraordinary ability fall into the first employment-based preference category (EB-1) and provide a great opportunity for qualified applicants to become permanent residents. Demonstrating that you qualify; however, can be a challenging and time-consuming process.

How Is The EB-1 Green Card Different?

The EB-1 Green Card is considered an employment-based immigration visa, though the people who qualify for an EB-1 Green Card don’t require a specific job offer awaiting them in the United States, as with other types of employment-based Green Cards. Applicants must demonstrate that they have extraordinary ability in their field and that they intend to work in that field once in the United States.

What Qualifies A Person For An EB-1 Extraordinary Ability Green Card?

People who have reached the top of their professions or fields may be qualified to apply under the EB-1 program. Almost any field or profession can qualify. Common fields for approved EB-1 Green Card applicants include artists, musicians, performers, athletes, scientists, engineers, business professionals and medical professionals, but that’s not an exclusive list by any means.

In general, applicants for EB-1 Green Cards need to demonstrate their extraordinary ability by proving that they’ve been recognized with national or international prizes or awards, such as a Nobel Prize, or by giving evidence that they satisfy at least three of the following requirements:

  • Receipt of lesser nationally or internationally recognized prizes or awards for excellence
  • Membership in professional associations that demand outstanding achievement of their members
  • Published material about you in professional or major trade publications, or other major media
  • Serving as a judge of the work of others, either individually or on a panel
  • Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
  • Authorship of scholarly articles published in professional or major trade publications or other major media
  • Artwork displayed in professional exhibitions or showcases
  • Performance of a leading or critical role in distinguished organizations
  • High salary or other significantly higher remuneration than others in the field
  • Commercial success in the performing arts

Get Help Applying For An EB-1 Extraordinary Ability Green Card

Successfully demonstrating that you qualify for an EB-1 Extraordinary Ability Green Card can be a confusing process that demands a great deal of time and tiresome detail. Working with an experienced immigration attorney can help you stay on top of the voluminous paperwork and exacting deadlines involved. The immigration lawyers at Overstreet Law, P.A. will put their experience to work for you, to give you the best possible chance of a successful petition. Call or contact us online for a confidential consultation.

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Let An Attorney Help With Getting Your Green Card

Approximately 30 million people have immigrated to the United States since 1990, and the U.S. government issues about one million green cards each year. The term green card is slang for an Alien Registration Card (I-551) which certifies that a person is a “lawful permanent resident” of the United States. A green card is different than a nonimmigrant visa, which is temporary and usually issued to someone coming to the country for a specific purpose such as school or business.

The process of getting a green card can be complicated and it can take a long time. “Immigration is a complicated area of law,” said Timothy Finkenbinder, a Kissimmee attorney who has worked in the field of immigration law for more than 20 years. He equates it to doing your taxes. “You look at the forms and it doesn’t look all that difficult, but we all know tax laws are incredibly complicated. Immigration is the same way.”

An attorney familiar with immigration law can help explain the process to applicants, provide a checklist of needed documents, identify issues that might come up and how to address them.

“People often don’t know what documents should be led and do not understand that what they say on the application is attested to under oath,” Finkenbinder said. “People often get themselves in trouble because they are afraid to disclose information that is actually harmless.”

An attorney can also provide a realistic timeline. Some green card categories may be approved in as little as six months, while other categories may take up to 10 years or longer.

Immediate relatives include spouses, minor children (under 21), and parents of U.S. citizens. A stepchild is included in this category, if the marriage occurred before the child’s 18th birthday.

 The five family-based preference categories that have annual quotas are:

  • Adult children of U.S. citizens (older than 21)
  • Spouses of green card holders
  • Children of green card holders
  • Married sons and daughters of U.S. citizens
  • Brothers and sisters of U.S. citizens

Finkenbinder urges people to be cautious when responding to ads or solicitations from immigration consultants.

“Talking to a lawyer can make a life-changing difference,” he said.

Timothy Finkenbinder
Partner
Overstreet Law, P.A.

Download the PDF – Osceola News Gazette

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How To Get A Green Card Through Family

Getting a USCIS Green Card is an important step and a proud moment for people who want to live permanently and work in the United States. A Green Card, or permanent residence, opens the door to many opportunities such enabling individuals to permanently live and work in the U.S., along with providing a path to citizenship for those who wish to become U.S. citizens. Even with the cooperation of an eligible family member, it can be a challenge to get all the bases covered properly which can lead to unnecessary delays or even denials. Working with an experienced immigration lawyer can help avoid common pitfalls associated with green card denials and delays.

Immediate Relatives versus Preference Categories

The Immigration and Nationality Act (“INA”) divides family based immigrants into two categories, “immediate relatives” and “preference based immigrants”. Immediate relatives are permitted to immigrate at any time and there is no limitation on the number of individuals who may immigrate in these categories. For example, the parents, spouses and minor children of U.S. citizens are permitted to immigrate at any time. Of course, they must file the necessary applications and evidence and go through the proper processes but there is no limit on how many individuals can immigrate in these categories.

Family members in the “preference categories”; however, are subject to statutory quotas or annual limits. Because the number of “green cards” USCIS is permitted to issue each year is limited in these categories, waiting times can be lengthy. The preference categories include the following:

  • First preference: Unmarried, adult sons and daughters of U.S. citizens. (Age 21 or older)
  • Second Preference (2A): Spouses of green card holders, unmarried children (under age 21) of permanent residents
  • Second Preference (2B):  Unmarried adult sons and daughters (any age) of permanent residents
  • Third Preference: Married sons and daughters (any age) of U.S. citizens
  • Fourth Preference: Brothers and sisters of adult U.S. citizens

Special Situations

Most I-551 cards (green cards) are issued with a validity period of 10 years; however, in some situations a green card may be “conditional”. A conditional green card, or conditional permanent resident, receives a card that is valid for 2 years and specific conditions must be met in order for the “conditions” to be removed and a 10 year card issued. Filing in the specified time frames to remove conditions is critical as both the Obama administration and Trump administration have followed a policy of initiating removal proceedings against individuals who fail to file to remove conditions in the required timeframe. If you are subject to conditions, a lawyer can assist you in making sure your application to remove conditions is timely filed and has the right supporting evidence. 

Experienced Immigration Attorneys 

The Kissimmee Law Firm of Overstreet Law, P.A. is experienced in helping clients get their green cards, so they can enjoy the freedom and security that permanent residence provides. Contact us by calling 407-847-5151 to schedule a consultation, and we’ll tell you how we can help and what you can expect from the process.

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