EB1-1 Extraordinary Ability

Extraordinary ability is defined as a level of expertise obtained only by that small percentage of foreign nationals at the very top of their field of endeavor. An EB-1 (Extraordinary Ability) Immigrant Petition must be accompanied by evidence that the foreign national has sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise.

A petition for an alien of extraordinary ability must be accompanied by evidence that the alien has sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise.

Such evidence shall include evidence of a one-time achievement (that is, a major, international recognized award), or at least three (3) of the following:

  • Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
  • Documentation of 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 of 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 or 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.

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 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.

In order to prepare an EB-1 petition, the following information is generally needed:

  1. A statement describing the field of expertise and contributions to the field
  2. Reference letters
  3. Curriculum Vitae
  4. Corroborating Documentation
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