EB-1.1 Visa -The Immigrant Visa for Aliens of Extraordinary Ability

An EB-1.1 visa petition may be filed by an employer or by the foreign national himself as a self-petitioner. A distinct advantage to an EB 1.1 visa classification is that there is no requirement for submission of a Labor Certification. This necessarily speeds up the process and allows for more efficient business operations.

The criteria and requirements for the EB-1.1 visa, an immigrant visa, are much like those criteria established for the O-1 nonimmigrant visa. (See our page for O-1 visas under the category of Non-Immigrant visas).

Regulations state that the EB-1.1 visa candidate petitioning as an “extraordinary ability” worker should show that he or she will substantially benefit the United States in the future. This subjective criteria, though, is aided by an objective practice. The USCIS has determined that, as a general rule, meeting three of the stringent regulatory criteria for an EB 1.1 visa is evidence, in and of itself, that the worker will benefit the United States.