Pastor & Associates | Attorneys At Law

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EB-1 Extraordinary Ability Category

by | Jan 2, 2024 | Immigration

The EB-1 Extraordinary Ability Category allows noncitizens of Extraordinary Ability, along with Outstanding Professors and Researchers, or qualifying Multinational Executive or Managers, to petition for residency in the United States.

Of particular interest is the Extraordinary Ability Category, EB-1A that permits for individual noncitizens to self-petition for residency if such noncitizen is able to demonstrate Extraordinary Ability in the sciences, arts, education, business or athletics through sustained national or international acclaim. This does not require an employer or job offer and permits the noncitizen to waive the Labor Certification Requirement of must Employment-Based Petitions. The noncitizen must demonstrate that he/she has risen to the very top of their field of endeavor. This is established by demonstrating that the noncitizen has met three of ten delineated criteria, or that the alien has acquired a one-time achievement such as an Oscar, Olympic Medal or Nobel Peace Prize. If a one-time achievement has not yet been achieved, three of the following ten must be established:

  • Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
  • Evidence of your membership in associations in the field which demand outstanding achievement of their members
  • Evidence of published material about you in professional or major trade publications or other major media
  • Evidence that you have been asked to judge the work of others, either individually or on a panel
  • Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
  • Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
  • Evidence that your work has been displayed at artistic exhibitions or showcases
  • Evidence of your performance of a leading or critical role in distinguished organizations
  • Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
  • Evidence of your commercial successes in the performing arts

If you feel that you are an Extraordinary Ability alien in the sciences, arts, education, business, or athletics, and meet the aforementioned criteria, and have sustained national or international acclaim for your talents, feel free to contact us for an evaluation of your matter. We have successfully petitioned for Medical Researchers in Epidemiology, individuals in the Movie Industry, Business, and Athletes at the Collegiate and Professional Level.

E-2 Investor

Foreign National Investors may apply for E-2 Visas or E-2 Status in the United States bearing they meet certification requirements. The first requirement being that the Foreign National must be a member of a designated Treaty Country as outlined by the Department of State and found at Countries such as Thailand, Pakistan, Mexico, Italy, Albania, Belgium, Chile, Canada, etc. are just a few of many amongst the list. Other requirements to qualify as an E-2 Treaty Investor include:

  • Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States; and
  • Be seeking to enter the United States solely to develop and direct the investment enterprise, which is demonstrated by at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.

Further, the investment of capital or assets must be at risk with the main objective of generating a profit. The capital must be subject to total loss. The investment funds must be from a legal source. Further, the investment must be substantial.

A substantial amount of capital is:

  • Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one
  • Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise
  • Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.

Lastly, the enterprise must be bona fide. Thus, it must be real, active, and operating commercial or entrepreneurial undertaking which produces services or goods for profit. It must meet applicable legal requirements for doing business within its jurisdiction.

If you are from a qualifying treaty country and wish to open a business in the United States that will permit you to reside in the United States, this may be an ideal option for you.

I-192 Nonimmigrant Waiver of Inadmissibility for Canadians

Nonimmigrant Canadians inadmissible to the United States for a variety of reasons ranging from misrepresentation, prior fraud, criminal activity, prior removal orders, etc. may be eligible to seek a nonimmigrant waiver of inadmissibility to enter the United States for a temporary visit or to enter in a nonimmigrant employment status. An inadmissibility bar may not be permanent, and there may be a viable means for the inadmissible nonimmigrant to return to the United States.

The nonimmigrant seeking this waiver must demonstrate accountability for past transgressions, rehabilitation, and that he/she is not a risk to the United States. This is a detailed application and filing process that is best navigated through the utilization of an experienced immigration attorney. The Department of Homeland Security must be satisfied that the nonimmigrant will not violate the immigration laws of the United States or any other such laws. Ties to the foreign country and the intent to return to Canada must also be satisfied.

If you are a Canadian who has been denied admission to the United States or who has been found inadmissible, and need to enter the United States to visit family/friends, attend a once-and-a-lifetime event, or are seeking nonimmigrant employment, such as a TN Visa, feel free to contact our office for further assistance.