Must I Have an Employment Letter for the EB1-Extraordinary Ability Petition

Dr. William:

I did the self petition for my EB1-Extraordinary Ability several months ago. Now, I got a letter from USCIS asking about the employment letter. I just do not know what job description should be in the employment letter for my case of EB1-Extraordinary Ability petition, or even I must have an employment letter for the EB1-Extraordinary Ability case, or the job description should be different from the one in my H-1B application.


Answer: 

According to the Law, the people applying for the EB1-Extraordinary Ability do not have to seek employment in the United States, but they should come to United States to continue to work in the area of their extraordinary ability. For the immigration classification of EB1-Extraordinary Ability, no employment offer or Labor Certification are required by law.

For you to prove to work in the area of your extraordinary ability, your petition must be accompanied by clear evidence that the alien is coming to the United States to continue work in the area of expertise. Such evidence may include letter from prospective employer, evidence of prearranged commitments such as contracts, or a statement from the beneficiary detailing plans on how he or she intends to continue his or her work in the United States.

 

 

 

 

     

 

 

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