The EB-1 classification allows for an expedited route to permanent residency for certain foreign nationals who are determined to be Aliens of Extraordinary Ability.   The USCIS looks for certain criteria establishing a showing that EB-1 candidates are internationally recognized as being at the very top among professionals in their field worldwide.  The benefit of this classification to the candidate is exemption from the labor certification process.  A qualified EB-1 candidate is found to be so extraordinary that his merits speak for themselves and render him such an asset to the U.S. that he may be admitted as a permanent resident solely on this basis.

When used appropriately, this category truly strengthens our country by making available to the U.S. from within its borders the utmost able and typically uniquely qualified scientists, doctors, engineers, or host of other professionals.   I am grateful to have been party to an EB-1 filing that is a perfect example of this.

Not long ago I consulted with a geotechnical engineer in the U.S. at the time in a temporary worker classification who is without dispute a leading worldwide authority in deep foundation testing.  This genuinely likeable and humble man barely wanted to consider the EB-1 classification as he didn’t want to boast about his credentials.  TO his credit are structural testing projects underlying major structures around the world including but not limited to some of the most notable hotels and casinos in Las Vegas and major bridges in the U.S., China, Italy, Vietnam, Italy, Canada, India, Argentina, and elsewhere.  To the credit of his company under his direction are also several successive world records in deep foundation testing and success at testing a record-setting 18,400 tons in 2003.   To give non-engineers an idea of what this means, traditional testing methods are capable of measuring approximately 1000-3000 tons of resistance.  This gentleman is a leading expert in the field in a specialized methodology known as “O-Cell” testing method that greatly increases capabilities to the tune of the record setting 18,400 tons as of the year 2003.  This method is particularly suited to use by engineers in determining resistance and load capacity for planned structures, most commonly highway overpasses and bridges.

Ultimately this gentleman did hire us for his EB-1 filing and the petition was a smooth success.  I was pleased for this engineer due to his interest in permanently residing in the U.S. and I sincerely believed that his skills would no doubt contribute to the U.S.

With the news of the collapse of the I-35W bridge I could not help but feel saddened for the victims.  However, at the same time, I felt reassured knowing that this world-renowned expert is in the U.S. and ready for service in Minnesota or elsewhere as needed as departments of transportation across the country now examine urgently and critically what can be done to protect against a similar tragedy in their state.  I sincerely trust that where his unique expertise is put to use, bridges will be more structurally sound and therefore the American public will be more secure in traveling them.

Returning to the visa availability circumstances of the summer, the encouraging way to view it is perhaps as a prompt for other humble yet extraordinary professionals that might contribute to the U.S. benefit in their own fields to come out of their shells.  We have experienced the benefit that priority dates being current in July held for the significant number of foreign nationals situated to be eligible for I-485 filing in that month (and extended through August 17th.)   However with the dates once again looking pessimistic and with little predictability on the horizon as to how soon they may become current for newer EB-3 filings, the less common EB-2 National Interest Waiver (NIW) and particularly the EB-1 categories for Aliens of Extraordinary Ability or Outstanding Researchers/Professors may hold a better outlook for timely advancement of permanent residency for persons eligible.  

Latour & Lleras, P.A. offers an online NIW/EB-1 evaluation service for prospective candidates with credentials demonstrating unique and extraordinary abilities of a nature likely to prospectively benefit the U.S.   Using this service a candidate may submit a resumé and respond to questions about his/her qualifications and will then be provided an analysis of the prospective ‘fit’ for the EB-1 Alien of Extraordinary Ability category, the EB-1 Outstanding Professor or Researcher category, or the EB-2 National Interest Waiver category. This is found at: http://www.usvisanews.com/component/option,com_wrapper/Itemid,38/

For the comments of the geotechnical engineer discussed in this article on his experience with our firm, please click here: http://www.usvisanews.com/content/view/167/