ALIENS OF EXTRAORDINARY ABILITY

Legislative history defines extraordinary ability as a level of expertise that the individual is one of a small percentage who has risen to the very top of the field of endeavor. An example is the Nobel Prize recipient.

Worker of extraordinary ability are defined by statute as those who have extraordinary ability in 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.

Criteria for qualifying for EB-1A extraordinary ability are:

1. The alien will continue to work in the area of extraordinary ability. Professionals do not qualify for EB-1 extraordinary ability status unless the profession in which they are engaged can be categorized as in the arts, sciences, business, education, or athletics;

2. The alien will substantially benefit prospectively the US; and

3. While most aliens are not Nobel Prize recipients, regulations provide for alternative evidence. To satisfy the alternative requirement, the alien must include at least three of the following ten evidence as persuasive evidence:

1. receipt of lesser national or international prize or award for excellence;
   
   
2. membership in association which requires outstanding achievement of their members, as judged by recognized national or international experts, such as National Academy of Sciences; general membership is not sufficient;
   
   
3. published material about the alien in professional or major trade publications or media;
   
   
4. act as judge or reviewer of the work of others in the field; to serve as a reviewer or editor of major professional journals normally meet this requirement;
   
   
5. original scientific, scholastic, artistic, athletic or business contributions of major significance to the field;
   
   
6. authorship of scholarly articles;
   
   
7. display of the alien's work at artistic exhibitions or showcases;
   
   
8. the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
   
   
9. the alien commands a high salary in relation to others in the field; or
   
   
10. commercial success in performing arts.
    
    

If the above criteria do not apply, the regulations also allow for "other comparable evidence."

One of primary advantages of classifying an individual as an EB-1 worker of extraordinary ability is that neither a job offer nor a labor certification is required. That is to say, the alien can petition for him-or herself (self-petition) without an employer's so-called sponsorship.

However, whether the petitioner is an employer or the alien, the petition must include evidence that the individual will "substantially benefit prospectively the United States" in the area of his or her expertise. Such evidence can be letters from prospective employers, evidence of prearranged commitments for employment, or a description of how he or she will continue to work in the field in the United States.


Procedure to process EB-1A

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Documents required

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