Aliens with Extraordinary Ability - EB1
An alien with "extraordinary
ability" in the 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 may self petition under the EB-1 Classification as an Alien
with Extraordinary Ability. "Extraordinary ability" is defined in
the law to mean "a level of expertise indicating that the individual is
one of that small percentage who have risen to the very top of the field
of endeavor."
A petition under this provision
of the law must be accompanied by evidence that the alien has sustained
national or international acclaim and that his or her achievements have
been recognized by others in his or her particular field of expertise.
Such evidence shall include evidence of a one-time achievement (ie. a
major internationally recognized award). If the alien applicant
has not received such an award, the alien must submit documentation and
evidence concerning at least 3 of the following:
- The alien's receipt of
lesser nationally or internationally recognized prizes or awards for
excellence in their
particular field of endeavor;
- The alien's membership
in associations in the field for which classification is sought, which
require
outstanding achievements of their members
as judged by recognized national or international experts in
their disciplines or fields;
- 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 evidence shall include
the
title, date, and author of the material,
and any necessary translation;
- 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;
- Evidence of the alien's
original scientific, scholarly, artistic, athletic, or business-related
contributions or
major significance in the field;
- Evidence of the alien's
authorship of scholarly articles in the field, in professional or major
trade
publications or other major media;
- Evidence of the display of
the alien's work in the field at artistic exhibitions and showcases;
- Evidence that the alien
has performed in a leading or critical role for organizations or establishments
that
have a distinguished reputation;
- Evidence that the alien
has commanded a high salary or other significantly high remuneration
for services,
in relation to others in the field; or
- Evidence of commercial
successes in the performing arts, as shown by box office receipts or
record, cassette, compact disk,
or video sales.
NOTE:
If the above standards do not readily apply to the beneficiary's occupation,
the petitioner
may submit comparable evidence to establish the beneficiary's eligibility.
Neither an offer of employment
or labor certification is required for this classification. However,
the petition must be accompanied by clear evidence that the alien is coming
to the U.S. to continue work in the area of expertise. The alien
must also show that his or her entry will substantially benefit prospectively
the U.S.