The first preference for a green card based on employment, known as EB-1, is designated for individuals demonstrating extraordinary ability. Such ability is evidenced by meeting specific criteria, including recognized accolades, published works in prominent publications, or original contributions to their field. Due to these notable achievements, applicants are exempt from obtaining a labor certificate.
Documentation supporting expertise and ability typically includes:
- Recognition for significant contributions to the field
- Membership in professional associations
- Professional licensing
- Evidence of commanding a salary
All employment-based categories (EB-1, EB-2, and EB-3) require a Form I-140.
While expertise alone may not suffice for a National Interest Waiver (NIW), applicants must demonstrate contributions benefiting broader society.
Contributions to society encompass various sectors such as the economy, education, public health, government, environment, etc. For instance, advancements in medicine with potential nationwide life-saving impacts or initiatives addressing affordable housing can qualify. Similarly, significant contributions in environmental studies may merit consideration if they systematically enhance the country's environmental conditions.
In summary, while expertise is crucial, practical applicability to the United States on a broad scale is essential for NIW eligibility. Applicants must spearhead proposed advancements, emphasizing their role as experts with nationally beneficial ideas to waive the labor certification requirement.
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