EB-1 Extraordinary Ability Green Card

The Employment Based 1st preference (EB-1) category based on extraordinary ability is highly sought after, but only a select few individuals qualify. One of the reasons this category is so attractive is that a foreign national may self petition. In other words it does not require sponsorship by an employer. There are essentially 3 requirements:

  1. The Applicant must possess 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;
  2. The Applicant seeks to enter the United States to continue work in the area of extraordinary ability; and
  3. The Applicant’s entry into the United States will substantially benefit prospectively the United States.
The first requirement is the tough one. To meet the definition of an Alien of Extraordinary Ability the applicant must prove he or she has “risen to the very top of the field of endeavor.”  This can be demonstrated through the attainment of a one time extraordinary achievement or satisfy 3 of the 10 other criteria.  The one-time achievement must be something truly incredible, such as a Nobel Prize, Olympic Gold Medal, Pulitzer Prize, or Academy Award.

In the absence of a major one-time achievement an individual at the top of his or her field may still qualify if he or she meets 3 of the 10 requirements:

  1. Receipt of lesser nationally or internationally recognized prizes or awards for excellence;
  2. Membership in associations in the field that demand outstanding achievement of their members, as judged by recognized national or international experts;
  3. Published material about the alien in professional or major trade publications;
  4. Evidence that the alien is a judge of the work of others in the field;
  5. Evidence of the alien’s original 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. Evidence the alien has performed in a leading or critical role for organizations that have a distinguished reputation;
  9. Evidence that the alien commands a high salary in relation to others in the field; or
  10. Evidence of commercial success in the performing arts.
Through our experience with previous extraordinary ability cases we have gained insight into what USCIS is looking for in this category.  Here is a detailed explanation of the documentation required for an alien of extraordinary ability case.