EB1: Self-Petition

News feed courtesy of United States Citizenship and Immigration Services


Even with a willing employer, obtaining permanent residence in the United States through an employment-based classification can be a long and arduous process.  In particular, obtaining a permanent labor certification from the US Department of Labor involves a myriad of grueling requirements that include the issuance of prevailing wage determinations and placing of time-consuming job postings.      

For a select group of highly qualified and talented foreign nationals, there is an exception available to the general requirements that a specific job offer and an approved labor certification accompany all employment-based permanent residence applications.  Under the EB-1A Alien of Extraordinary Ability category, such individuals who are able to demonstrate extraordinary ability in the sciences, arts, education, business or athletics may petition on their own behalf and immediately seek permanent residence status in the United States for themselves and their families.  

In order to successfully self-petition under this category, applicants must demonstrate either:  

Receipt of a major internationally recognized award (such as a Nobel Prize); OR
The existence of at least 3 of the following 10 criteria:

  • Receipt of lesser national or international awards within your field
  • Membership in prestigious associations or organizations within your field
  • You and your work being the subject of articles or other major media coverage
  • Serving as a judge of the work performed by others within your field
  • Have made original contributions of major significant within your field
  • Authorship of scholarly articles within your field
  • The display of your work at artistic exhibitions or showcases
  • Having held a leading or critical role for a distinguished organization
  • Having received a high salary in comparison to others within your field
  • Commercial success as a performing artist

Gilgannon Law, LLC has helped clients from a variety of backgrounds and disciplines successfully self-petition for EB-1 classification as an Alien of Extraordinary Ability.  In order to receive a free, no-obligation analysis of your prospects under this category, call Attorney Stuart Gilgannon at 414-223-0775, or send an updated copy of your Curriculum Vitae to stuart@gilgannonlaw.com.