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An Alien of Extraordinary Ability, or EB-1(a), classification applies to aliens who can demonstrate that they "have risen to the very top of their field of endeavor." To establish that he is a top member within his respective field, evidence of receipt of an internationally recognized award such as the Nobel Prize or an Academy Award is accepted.
In the absence of an internationally recognized award, one can establish oneself as an Alien of Extraordinary Ability by providing documentation of any three (3) of the following:
- Receipt of lesser nationally or internationally recognized prizes or awards for excellence.
- Membership in associations which require outstanding achievements of their members, as judged by recognized national or international experts in their fields.
- Published material in professional/major trade publications or major media about the alien and relating to the alien's work field.
- Participation as a judge (individually or as a part of a panel) evaluating the work of others.
- Original scientific, scholarly, or artistic contributions of major significance.
- Authorship of scholarly articles in professional journals or other major media.
- Artistic exhibitions/shows.
- Leading role within an organization/establishment with a distinguished reputation.
- High salary/compensation for services in comparison to others.
- Commercial success within the performing arts, as shown by either box office receipt figures or cassette, compact disk, video, or DVD sales figures. The alien must also show that the alien's admittance into the United States will substantially benefit the United States in the future.
In addition to the above criteria, the alien must prove that he will continue to pursue his work within the United States. Examples of supporting documentation include letters from prospective employers, a statement from the alien detailing his future work plans and other evidence of future work commitments.
Like all EB-1 cases, no Labor Certification is required. Also, an alien that qualifies as an Alien of Extraordinary Ability need not seek employment or have a job offer. An EB-1(a) candidate may petition for his own permanent residency without the need for an employer sponsor, as is generally required in employment-based petitions.
Example:
Dr. Lee received her Ph.D. from China. Her work lies in composite materials, a subset of civil engineering that can prospectively benefit the U.S. economy, U.S. citizens and the U.S. military. Her accomplishments have brought her national recognition and she is considered one of the top within her field. Dr. Lee frequently participates as a judge of other's work by providing reviews for scholarly journals and has authored several articles in scholarly journals of international circulation.
Dr. Lee qualifies as an Alien of Extraordinary Ability because she has risen to the top of the civil engineering field. She does not need an employer's sponsorship as long as she can establish that she will continue to pursue her work within the U.S.
For more information on EB-1, please refer to the following links:
Description
Extraordinary Ability (EA)
EA Documents
Outstanding Researcher (OR)
USCIS Defines “Permanent Employment” in EB-1(b)
OR Documents
Executive Transferee (ET)
ET Documents
Extraordinary Ability vs. Outstanding Researcher
Frequently Asked Questions about EB-1(a)
Frequently Asked Questions about EB-1(b)
Success Stories
Services that We Provide for EB-1(a)
Services that We Provide for EB-1(b)
Services that We Provide for EB-1(c)
Attorney's Fees
Articles & News on EB-1
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