We assist clients in determining whether they satisfy the criteria for the employment-based first preference category (EB1) for aliens of extraordinary ability or its subcategories. We also assist with developing a winning strategy and preparing a petition that best fits each client’s professional achievements and background.

The eb1 immigration lawyer category is for individuals who have sustained national and/or international acclaim in the sciences, arts, education, business, athletics, or the arts. This category is available for both self-sponsorship based on qualifications and employer sponsorship.

It is important to have an attorney who understands the requirements and adjudication practices of USCIS’ evaluating officers. This allows your attorney to better prepare your case and serve as quality control for your support documents. An experienced attorney will be able to identify potential problems with your application before they become a serious problem and to anticipate what types of documentation will be necessary to address any questions that the evaluating officer may have.

Securing Success: The Role of an EB-1 Immigration Lawyer in Your Case

Generally, attorneys are not eligible to be classified as aliens of extraordinary ability under the EB1A classification because they are engaged in the practice of law. However, there have been some nuances in this area of law. The most detailed non-precedent decision in this area is the Matter of J-L.

In that case, the petitioner was a partner of a U.S. law firm in China and sought EB1A classification based on his extraordinary ability in the field of business. The Director denied the petition, citing a 1995 INS General Counsel opinion that lawyers are not eligible for EB1A classification because they are engaged “in the practice of law.” The AAO upheld this denial.

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