A U.S. job offer is not required for an individual to qualify for a green card under the EB-1A, individual of extraordinary ability category. Rather, the regulations only require an applicant to present evidence that they are coming to the United States to “continue working in their area of expertise.”
According to the regulations in 8 C.F.R. section 204.5(h)(5):
(5) No offer of employment required. Neither an offer for employment in the United States nor a labor certification is required for this classification; however, the 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(s) from prospective employer(s), 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.
What kind of evidence must be presented regarding an EB1A applicant’s future work in the United States?
Although an actual job offer is not required, the applicant must still present responsive evidence that “clearly” shows not only that the applicant intends to work in the United States, but also that the applicant will be working “in the area of expertise” which formed the basis of the EB-1A petition. For example, an applicant with extraordinary ability in scientific research in botany may experience difficulties if they propose plans to engage in activities that appear unrelated to their field of expertise, such as managing an investment firm.
Therefore, care must be taken to present evidence with sufficient detail about the prospective employment the applicant intends to pursue in the United States, which demonstrates that the work to be performed is clearly related to the applicant’s area of extraordinary ability. A signed statement from the applicant explaining their plans in their United States can be sufficient to meet this requirement. In this case, the applicant should present enough details about what kind of professional positions the applicant is planning to pursue, what entities will be involved, what will be the applicant’s role in these engagements, and how they relate to their area of extraordinary ability.
It is important to include enough concrete details in such statements because the government takes the position it may not rely on “conclusory” statements. Conclusory statements mean sentences that merely state the requirement, such as simply saying “I intend to continue working in my area of extraordinary ability” without more, which simply re-state the regulatory requirement rather than providing more detail on what this work will entail.
In conclusion, an actual job offer in the U.S. is not required for approval of an immigrant visa under the EB1A category for an individual of extraordinary ability. However, the applicant will still be expected to present detailed enough plans that clearly show that the applicant will engage in employment related to their expertise.
To learn more, see our related posts below. You can also schedule a consultation at a date and time most convenient for you.
Related posts:
What is the standard for EB1A cases?
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