Alien of Extraordinary Ability

The first EB-1 classification is for “aliens of extraordinary ability” in the sciences, arts, education, business or athletics (EB-1A), who are coming to the United States for the purpose of continuing their work in their area(s) of expertise. This group do not need to have a job offer or sponsorship from a U.S. employer. They may file an immigrant visa petition on their own behalf.

Extraordinary Ability

For immigration purposes, “extraordinary ability” is defined as:

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. In order to qualify, the alien must show sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise.

Criteria for Eligibility

An individual seeking permanent resident status as an alien of extraordinary ability must show:

Evidence of a one-time achievement (that is, a major, international recognized award); or,
Evidence of at least three (3) of the following:

Receipt of lesser or internationally recognized prizes or awards for excellence in the field of endeavor;
Membership in associations 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 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;
Participation, individually or on a panel, as a judge of the work of others in your field;
Original scientific, scholarly, artistic, athletic or business-related contributions of major significance in the field;
Authorship of scholarly articles or books in your field published in professional or major trade publications or other major media;
Display of your work at artistic showcases or exhibitions;
Performance in a leading or critical role for organizations or establishments that have a distinguished reputation;
Receipt of a high salary or other significantly high remuneration for services in relation to others in the field; or,
Commercial successes in the performing arts, as shown by box office receipts or records, or sales, etc.

Comparable evidence may also be provided in order to meet the regulatory criteria. These documents, evidencing the individual’s extraordinary ability, together with the I-140 immigrant visa petition, must be submitted to the U.S. Citizenship and Immigration Services (USCIS) by the petitioner — either the foreign national or the U.S. employer. For an additional government filing fee of $1,440, the petitioner can request for a Premium Processing Service, for which USCIS guarantees that it will issue either an approval, or a request for evidence within 15 calendar days of receipt.

Additionally, foreign nationals and their eligible family dependents (spouse and/or children below 21 years old), who are in the United States, may file separate I-485 adjustment of status (green card) applications concurrently with the immigrant visa petition.

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