The EB-1A Extraordinary Ability category is employment-based first preference immigration. To qualify for this category, the individual alien should have extraordinary ability in the sciences, arts, education, business, or athletics, and his/her achievements must have been publicly recognized and resulted in a period of sustained national or international acclaim.

The general requirement is that the alien should have risen to the "top of his/her field of endeavor" (1) as demonstrated by national or international acclaim (2) which should be recognized through extensive documentation, and (3) the alien should continue the work in the same field and (4) would substantially benefit the U.S. prospectively.

According to related regulations, a one-time major achievement, such as a Nobel Prize, might satisfy this requirement, provided it is probative of the fact that the alien has reached the summit of his/her occupation. In the absence of such a major, international recognized award, however, the petitioner may not rely solely on the alien beneficiary's past achievements to establish the alien's eligibility for this classification. Additionally, the regulations also allow the petitioner to provide evidence that the alien beneficiary has the requisite sustained acclaim and recognition by submitting evidence of at least three of the following ten criteria:

1. Alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor. Here, the prize or award itself must meet the requisite standard of national or international recognition for excellence. Scholarships, fellowships and competitive postdoctoral appointments generally are not qualified. 

2. Alien's membership in associations that require outstanding achievements of their members. In order to satisfy this criterion, the petitioner must present evidence to establish that the alien's significant achievements in the field were the basis for granting the membership.

3. 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 published material should focus on the significance of the alien's contributions and how the alien is one of that small percent who has risen to the very top of his/her field.

4. 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. To satisfy this criterion, the petitioner should submit evidence that he/she has been asked to review scientific or scholarly articles written by others in the field prior to their acceptance for publication in journals or periodicals that enjoy widespread circulation and readership in the field of endeavor.

5. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field. In evaluating this criterion, peer-reviewed presentations at academic symposia or peer-reviewed articles in scholarly journals that have provoked widespread commentary and/or received acclaim from others working in the field, unsolicited requests for copies of the alien's scientific abstracts or published papers, entries in a citation index which cite the alien's work as authoritative in the field, or participation by the alien as a reviewer for a peer-reviewed scholarly journal would very likely be probative of the beneficiary's ability.

6. Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media. The most persuasive evidence in this regard is unsolicited contemporaneous documentation that shows that independent experts and/or professional organizations in the field consider the published material to be significant or that the beneficiary's findings of methodologies have been widely cited or adopted by the industry or professional community at large. 

7. Evidence of the display of the alien's work in the field at artistic exhibitions or showcases. The petitioner must demonstrate the exhibition or showcase is itself of distinction and that the alien beneficiary's exhibited work at such an exhibition or showcase was itself of such significance as to be probative of the fact that the alien has sustained national or international acclaim in his/her field of expertise.

8. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation. This could be performing a critical or leading role for organizations that have a distinguished reputation, or serving as an essential researcher for an important laboratory.

9. Evidence that the alien has commanded a significantly high salary or other significantly high remuneration for services, in relation to others in the field. 

10. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

www.miaolaw.com

Tel: 718-865-8966
Fax: 718-865-8977

E-Mail Us:
attorneymiao@gmail.com
xin.miao@miaolaw.com

All Rights Reserved.