EB-1 Requirements for Extraordinary Ability

Employment-Based Immigration: First Preference EB-1

 

 

You may be eligible for an employment-based, first-preference visa if you have an extraordinary ability, are an outstanding professor or researcher, or are a multinational executive or manager.

 

Each occupational category has certain requirements that must be met:

 

  • Extraordinary Ability: You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment is required. You must meet 3 of 10 criteria as indicated below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, and Olympic Medal).

 

You must meet 3 out of the 10 listed criteria below to prove extraordinary ability in your field:

 

  1. Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence;
  2. Evidence of your membership in associations in the field which demand outstanding achievement of their members;
  3. Evidence of published material about you in professional or major trade publications or other major media; 
  4. Evidence that you have been asked to judge the work of others, either individually or on a panel;
  5. Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
  6. Evidence of your authorship of scholarly articles in professional or major trade publications or other major media; 
  7. Evidence that your work has been displayed at artistic exhibitions or showcases; 
  8. Evidence of your performance of a leading or critical role in distinguished organizations; 
  9. Evidence that you command a high salary or other significantly high remuneration in relation to others in the field; and
  10. Evidence of your commercial successes in the performing arts.

 

 

  • Outstanding professors and researchers: You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years’ experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education.

 

You must include documentation of at least two listed below and an offer of employment from the prospective U.S. employer.

 

  1. Evidence of receipt of major prizes or awards for outstanding achievement; 
  2. Evidence of membership in associations that require their members to demonstrate outstanding achievement; 
  3. Evidence of published material in professional publications written by others about the alien’s work in the academic field;
  4. Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field;
  5. Evidence of original scientific or scholarly research contributions in the field; and 
  6. Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.

 

  • Multinational manager or executive: You must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization. Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer. Your petitioning employer must be a U.S. employer. Your employer must have been doing business for at least 1 year, as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed you abroad. A U.S. company or organization must be established for at least one year and must be active. Its operations must occur on a regular, ongoing basis. Applicants must provide evidence of activity, such as the business registration, lease or deed for business premises, occupational license, photographs of the business premises and operations, proof that the business has employees (such payroll tax records), advertising, receipts for business expenses, invoices, contracts, and recent financial information (such as balance sheets, financial statements, company income tax return, and recent bank statements for the company).

 

 

EB-1 Requirements for Extraordinary Ability

 

 

Persons with extraordinary ability in the sciences, arts, education, business, or athletics

 

Requirement 1 – You must be able to establish that you are coming to the United States to continue to work in your area of extraordinary ability

 

You do not have to have specific job offers, so long as you are entering the U.S. to continue work in the fields in which they have extraordinary ability. Some of the evidence includes:

 

  • Letters from current or prospective employers
  • Documents evidencing your prearranged commitments (e.g. contracts)
  • A statement detailing your plans on how you intend to continue working in your field in the United States

 

 

Requirement 2 – You must be able to establish that you have extraordinary ability in your field.

 

You must have extensive documentation showing sustained national or international acclaim and recognition in their fields of expertise. For each requirement, you may submit to meet the requirement and other tips to help you prepare your petition.

 

Some of the evidence you may submit to demonstrate that the award is a major, internationally recognized award includes:

 

  • The criteria used to grant the award
  • The significance of the award in the field
  • The reputation of the organization or the panel granting the award
  • Previous winners of the award who enjoyed international acclaim at the time of receiving the award
  • The award attracts competition from internationally recognized individuals in the field

 

Some of the evidence you may submit to demonstrate that the award is a national or internationally recognized award includes:

 

  • A copy or photograph of each prize or award
  • Public announcement(s) or articles about the awards
  • Documentation verifying the origination, purpose, significance and scope of each award
  • The reputation of the organization or panel granting the prizes or awards
  • Criteria used to nominate and judge the participants and award winners
  • The reputation of the organization or panel granting the prizes or awards
  • How many prizes or awards are awarded each year?
  • Previous winners of each award

 

Some of the evidence you may submit to demonstrate that you are a member of an association which requires outstanding achievements of its members includes:

 

  • Documents describing the association’s goals, mission, size, target membership, and standing within the national and international community
  • Documents showing the minimum requirements and criteria used for membership in the association
  • Evidence of national or international experts who make determinations about membership
  • Other relevant requirements for membership

 

Some of the evidence you may submit to demonstrate that material has been published about you and your work in the field, in professional or major trade publications or major media includes:

 

  • Copies of the publications, including the name, title, date, and author
  • Documents showing the significance of the published material
  • Circulation information for the publication, including the number of copies in circulation, scope of publication (local, national or international), and frequency of publication
  • Any other published material, outside the scope of marketing materials created to sell your products or promote your company

 

 

Some of the evidence you may submit to demonstrate that you participated on a panel or judged the works of others includes:

 

  • Documents about the event or panel and the significance of the work judged
  • Information about the criteria used to select the individual judges
  • An explanation of how and why you received an invitation to be a judge

 

 

Some of the evidence you may submit to demonstrate that you have made an original scientific, scholarly or business-related contribution of major significance includes:

 

Evidence of your work being implemented by others such as:

 

  • Objective documentary evidence of the significance of your contribution to the field (e.g. patents, pioneering new technology, etc.)
  • Testimony or support letters from experts that discuss your contributions of major significance, which could include:
    • Letters of recommendation from prominent investors or CEO’s/founders of distinguished organizations which describe, in detail, your achievements and how they are of a major significance in the field
  • Evidence that your significant contributions have provoked widespread public commentary in the field of endeavor and have been widely cited
  • If your business successes are primarily based online, information about website usage/visitor traffic, the number of online purchases or downloads, or other data showing your success and contributions online

 

 

Some of the evidence you may submit, in addition to a copy of the articles, to demonstrate that you have authored articles in professional journals or other major media includes:

 

  • Other articles or documentary evidence (e.g. letters, affidavits) that show the significance and importance of the articles in your field
  • Evidence that demonstrates the work was primarily created by you
  • The significance and importance of the professional or major trade publications or other major media in which your scholarly article was published, which may be shown by:
    • The publication’s circulation (e.g. local, national or international)
    • How often the publication is produced
    • The number of citations to your written work

 

 

Some of the evidence you may submit to demonstrate that your work was displayed at artistic exhibitions or showcases includes:

 

  • Documents showing that the displayed work was created by you
  • Documents showing that the venue (virtual or otherwise) was an artistic exhibition or showcase
  • Copies of promotional materials, with distribution information

 

 

Some of the evidence you may submit to demonstrate that you have been employed in a critical or essential capacity for an organization that has a distinguished reputation includes:

 

  • Letters from current or former employer(s) with specific details regarding your role and how it was critical or essential, with emphasis on the specific accomplishments, how the accomplishments are attributed to you and your role, and why these accomplishments are important
  • Documents showing the distinguished reputation of the company or companies where you played a critical or essential role
  • Any other documents showing your major contributions in a critical or essential role

 

 

Some of the evidence you may submit to demonstrate that you command or have commanded a high salary or other remuneration for your services includes:

 

  • Copies of employment contracts detailing the salary you were paid or will be paid
  • Copies of payroll documents or tax returns detailing the wage you were paid
  • Evidence establishing that you have received other significant forms of compensation for your services, which may include, but is not limited to, equity in-lieu of cash remuneration, deferred compensation, profits from the sale of a business you started, or other forms of remuneration in addition to salary
  • A statistical comparison of the salaries in the field in which you are starting your business from a government or private institution, or similar organization, that shows the salary or other remuneration you commanded, or will command, is higher than that commanded by others in the field

 

 

Some of the evidence you may submit to demonstrate that you have enjoyed commercial successes in the performing arts includes:

 

  • Copies of box office receipts
  • Documents relating to the volume of sales reflecting your commercial successes in the performing arts