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.
