EB-1A Extraordinary Ability

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What is EB-1A Extraordinary Ability visa?

EB-1 is an employment based, first preference visa. Under EB-1 classification, EB-1A extraordinary ability applies to petitioners who have extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. The achievements of applications must be recognized in the field through extensive documentation.

General Requirements for EB-1A Petitioners

For an EB-1A petitioner, a specific offer of employment is not required so long as you could show that you are seeking to enter the United States to continue work in your area of extraordinary ability and your entry into the United States must substantially benefit the United States in the future.

USCIS will use a two-part adjudicative approach to evaluate the evidence you submit.

First, you must meet three out of the listed criteria below:

  • Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor
  • Evidence of a significant one-time achievement (i.e. Pulitzer Prize, Oscar Award, Olympic Medal)
  • Evidence of your membership in associations in the field for which classification is sought which require outstanding achievement of their members, as judged by recognized national or international experts in their disciplines or fields
  • Evidence of published material about you in professional or major trade publications or other major media relating to your work in the field for which classification is sought and includes the title, date, author, and any necessary translation of the material
  • Evidence that you have participated in judging the work of others in your field or allied field for which classification is sought, either individually or on a panel
  • Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to your field
  • Evidence of your authorship of scholarly articles in the field, published in professional or major trade publications or other major media
  • Evidence that your work in the field has been displayed at artistic exhibitions or showcases
  • Evidence of your performance in a leading or critical role in organizations or establishments with distinguished reputations
  • Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
  • Evidence of your commercial successes in the performing arts

If the criteria above do not readily apply to your occupation, you may submit comparable evidence to show your eligibility.

Second, all of the evidence you submit will be reviewed in its totality for a final merits determination of whether you qualify for this classification.