Introduction of EB-1A “Extraordinary Ability” Immigration

Nobel Prize, Oscar Award, Olympic Medal, Pulitzer prize…. You sometimes hear these talents and experts immigrate to the U.S. without needing the employer sponsorship by filing the EB-1A petition. You may wonder, am I also qualified for the petition? What if my talents are within the field that is not commonly known by the others? What are the actual criteria to evaluate the “extraordinary ability”?

For filing the Employment-Based Immigration: First Preference Petition for Extraordinary Ability petition (commonly known as EB-1A), You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment is required. Specifically, you need to satisfy “1 or 3/10” criteria.

The “1” stands for a one-time achievement. Like I mentioned above, if you received the Nobel Prize, Oscar Award, Olympic Medal, Pulitzer prize, or other internationally recognized awards, the achievement alone generally satisfies the “extraordinary ability” requirements.

The “3/10” means you must meet THREE out of the ten criteria listed below. This is also the majority of the EB-1A petitions. Here are the ten criteria:

1. Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence

2. Evidence of your membership in associations in the field which demand outstanding achievement of their members

3. Evidence of published material about you in professional or major trade publications or other major media

4. Evidence that you have been asked to judge the work of others, either individually or on a panel

5. Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field

6. Evidence of your authorship of scholarly articles in professional or major trade publications or other major media

7. Evidence that your work has been displayed at artistic exhibitions or showcases

8. Evidence of your performance of a leading or critical role in distinguished organizations

9. Evidence that you command a high salary or other significantly high remuneration in relation to others in the field

10. Evidence of your commercial successes in the performing arts

When you read the above ten criteria, what’s the image of this extraordinary person in your mind? You may think about an expert in a field that has a major or original contribution, publishes his contribution in professional journals, the contribution attracts media attention and the expert also wins national or international prizes. This shows that the ten criteria have logical connections with each other, they look like independent criteria, but they are different aspect of the same topic. Media, prizes, professional journals, membership, these are the phenomenon when your talent is recognized by human society.

At the same time, talent comes in different ways, and the human society recognition also displays in many ways. Do you know that computer game world champion may be qualified for the EB-1A visa? Do you know that besides the ten criteria, there are other evidence acceptable by the U.S. immigration officer? If you think you satisfy some of the above criteria, or your talent is recognizable, the best choice is to book a consultation with an immigration attorney for an evaluation of your situation.