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EB1-A (Alien of Extraordinary Ability)

Table of Contents

1. Overview

In order to be classified as a person of extraordinary ability for the purpose of an Employment-Based Immigrant Visa, EB-1(A), the person must be a part of a small percentage of individuals who have risen to the very top of his/her field of endeavor.  The EB-1(A) is applicable for the fields of Sciences, Arts, Education, Business or Athletics. Those eligible must have obtained national or international acclaim. This must be properly demonstrated or documented.

2. Benefits

Unlike other Employment Based Immigrant Visa categories, the EB-1(A) does not require an offer of employment from an employer, nor does it require a Labor Certification filed with the U.S. Department of Labor. This means the candidate can be a self-petitioner in this category, provided he/she meets the requirements.

3. General Requirements

1.     The continuation of work in the field in which the candidate has achieved extraordinary ability. This would have to be established by a statement from the candidate, or evidence of prospective offers or employment or work.

2.     Must establish that the candidate is person of extraordinary ability:
a. Through at least one major award or achievement of national or international acclaim. This includes awards such as the Nobel Prize, Pulitzer Prize, Oscar Award.
b. Meet at least three out of the following ten means:

  • Received lesser nationally or internationally recognized awards in the field;
  • Is a member of associations in the field that are based on excellence or outstanding achievement.
  • The persons work has been published in professional journals, trade journals or media related to his/her achievements in the field.
  • Has been a judge of the work of others in the field.
  • Has made significant contribution in the field.
  • Has been an author of scholarly articles in the field.
  • The work of the person has been displayed at artistic events, showcases or exhibitions
  • The person has been a performer in lead or critical roles with distinguished organizations.
  • The person is paid a higher compensation than others in the field.
  • The evidence of commercial success in the performing arts.

Other evidence may be provided on a case by case basis, if the above criteria do not apply to the candidate.

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