EB-1 Extraordinary Ability Services

​​The EB-1 immigrant visa category is reserved for individuals who have demonstrated sustained national or international acclaim and whose achievements place them among the small percentage at the very top of their field. Approval under EB-1 leads directly to lawful permanent residence and does not require labor certification.

 

Our practice provides strategic, evidence-driven representation in EB-1 matters, with a particular focus on aligning each client’s achievements with USCIS’s regulatory criteria, final merits analysis, and discretionary adjudication standards.

 

 

Understanding the EB-1 Category

 

The EB-1 classification includes three distinct subcategories:

 

 

EB-1A – Extraordinary Ability

 

For individuals who have risen to the very top of their field in sports, the arts, business, science, education, or athletics. EB-1A petitions may be self-filed and do not require a job offer.

 

 

EB-1B – Outstanding Professors and Researchers

 

For internationally recognized researchers or academics with a strong record of teaching or research, sponsored by a qualifying U.S. employer.

 

 

EB-1C – Multinational Managers and Executives

 

For senior managers and executives transferring to the United States after qualifying employment abroad with a related multinational entity.

 

This page focuses primarily on EB-1A and EB-1B, which involve the most intensive evidentiary and discretionary review.

 

 

EB-1 Fields We Represent

 

We represent EB-1 clients across all major EB-1 disciplines, including but not limited to:

 

 

Sports and Athletics

 

• Professional and elite athletes

• Coaches, trainers, and sports professionals

• National team members and internationally ranked competitors

• Individuals with sustained competitive, coaching, or judging records

 

 

Arts and Creative Professions

 

• Visual artists, performers, musicians, and composers

• Film, media, and performing arts professionals

• Designers, creative directors, and cultural contributors

• Individuals with national or international recognition in artistic fields

 

 

Business and Entrepreneurship

 

• Founders and executives of innovative companies

• Entrepreneurs with venture-backed or high-impact enterprises

• Senior business leaders with measurable industry influence

• Professionals whose work demonstrates original contributions of major significance

 

 

Science, Technology, and Research

 

• Scientists, engineers, and technologists

• Medical professionals and biomedical researchers

• AI, data science, and advanced technology experts

• Academics and applied researchers with significant scholarly or industry impact

 

Each petition is structured around the client’s actual professional trajectory, not a generic template, with careful attention to how the field itself is defined and supported.

 

 

The Two-Step EB-1 Adjudication Framework

 

USCIS evaluates EB-1 petitions using a two-step analysis:

 

 

1. Evidentiary Criteria

 

The petitioner must satisfy at least three of the regulatory criteria (or provide comparable evidence where applicable), such as:

 

• Nationally or internationally recognized awards

• Original contributions of major significance

• Critical or leading roles for distinguished organizations

• Judging the work of others

• Published material about the petitioner

• High remuneration compared to peers

 

 

2. Final Merits Determination

 

Even when the criteria are met, USCIS conducts a qualitative, discretionary assessment to determine whether the totality of the evidence demonstrates sustained acclaim and placement at the very top of the field.

 

Many RFEs and denials arise at this final merits stage, not at the initial criteria count.

 

 

Our Approach to EB-1 Representation

 

We do not treat EB-1 petitions as a checklist exercise. Our approach is strategic, narrative-driven, and grounded in current USCIS adjudication trends.

 

Our EB-1 services typically include:

 

• Comprehensive eligibility and risk assessment

• Precise definition and framing of the client’s field of expertise

• Strategic selection and development of evidentiary criteria

• Cohesive legal argument linking all evidence to sustained acclaim

• Development and review of expert recommendation letters with probative value

• Addressing dual-role, interdisciplinary, or non-traditional career paths

• Anticipation and mitigation of discretionary and credibility concerns

• Preparation for RFEs, NOIDs, or final merits challenges, if issued

 

 

RFEs, NOIDs, and Discretionary Challenges in EB-1 Cases

 

EB-1 petitions are subject to heightened scrutiny, and USCIS frequently issues RFEs or NOIDs raising concerns related to:

 

• The significance and impact of original contributions

• Whether achievements demonstrate national or international acclaim

• The relevance and credibility of expert testimony

• The scope of awards, judging, or leadership roles

• Whether the petitioner truly ranks among the top few percent in the field

 

We regularly represent clients in EB-1 RFE and NOID responses, with particular focus on rebutting final merits and discretionary concerns.

 

 

Consultation and Case Evaluation

 

EB-1 cases are highly fact-specific, and early strategic planning can significantly affect the strength of a petition and its likelihood of approval.

 

If you are considering filing an EB-1 petition in sports, arts, business, or science, or if you have received an RFE or NOID in an existing EB-1 case, you may request a case-specific consultation to evaluate eligibility, evidentiary strategy, and potential risks.

 

 

Request an EB-1 Case Evaluation

 

This page is provided for general informational purposes only and does not constitute legal advice. Each EB-1 case must be evaluated individually based on its unique facts and evidence.