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Affidavit of Support
Aliens with Extraordinary Ability
Asylum and Refugee Status
Change of Address (Form AR-11)
Change of Venue (Immigration Court)
Child Citizenship Act of 2000
Citizenship and Naturalization
Criminal Convictions and Immigration Law
E-2 Treaty Investor Visas
Employment Authorization (Work Permits)
F-1 Student Visas
H -1B Visas
H -1B Occupations List
Inadmissibility
J-1 Waivers
K-1 and K-2 Visas
K-3 and K-4 Visas
Labor Certification - List of Skilled Labor Positions
L-1 Visas
LIFE Act Amendments - Extension of Section 245(i)
NACARA for Salvadorans and Guatemalans
National Interest Waivers
Naturalization Test Questions and Answers (2008)
Outstanding Professors and Researchers
Removal (Deportation) Procedures and the U.S. Immigration Court
Request for Additional Evidence (I-797E)
Returning Residents
Summary Exclusion
Temporary Protected Status
245(i)
V Visas
Visa Waiver Pilot Program
Voluntary Departure
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Aliens with Extraordinary Ability - EB1

An alien with "extraordinary ability" in the sciences, arts, education, business or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation may self petition under the EB-1 Classification as an Alien with Extraordinary Ability. "Extraordinary ability" is defined in the law to mean "a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor."

A petition under this provision of the law must be accompanied by evidence that the alien has sustained national or international acclaim and that his or her achievements have been recognized by others in his or her particular field of expertise. Such evidence shall include evidence of a one-time achievement (ie. a major internationally recognized award). If the alien applicant has not received such an award, the alien must submit documentation and evidence concerning at least 3 of the following:

  • The alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in their
    particular field of endeavor;
  • The alien's membership in associations in the field for which classification is sought, which require
    outstanding achievements of their members as judged by recognized national or international experts in
    their disciplines or fields;
  • Published material about the alien in professional or major trade publications or other major media,
    relating to the alien's work in the field for which classification is sought. Such evidence shall include the
    title, date, and author of the material, and any necessary translation;
  • Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the
    same or an allied field of specification for which classification is sought;
  • Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions or
    major significance in the field;
  • Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade
    publications or other major media;
  • Evidence of the display of the alien's work in the field at artistic exhibitions and showcases;
  • Evidence that the alien has performed in a leading or critical role for organizations or establishments that
    have a distinguished reputation;
  • Evidence that the alien has commanded a high salary or other significantly high remuneration for services,
    in relation to others in the field; or
  • Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

NOTE: If the above standards do not readily apply to the beneficiary's occupation, the petitioner
may submit comparable evidence to establish the beneficiary's eligibility.

Neither an offer of employment or labor certification is required for this classification. However, the petition must be accompanied by clear evidence that the alien is coming to the U.S. to continue work in the area of expertise. The alien must also show that his or her entry will substantially benefit prospectively the U.S.

If you have any questions, call South Florida Immigration Laywer Sean D. Hummel at (954) 385-3111.