The EB-1 Extraordinary Ability Green Card Guidelines

United States Citizenship and Immigration Services (USCIS) allows thousands of immigrants with extraordinary abilities to attain green card status and live permanently in the United States each year. But how can you definitely prove that you have a truly special talent that will benefit the United States and that sets you apart from most others in your field?

To determine who qualifies for a first preference EB-1 visa for extraordinary ability, the USCIS has a very specific set of guidelines. Applicants can either provide evidence of an outstanding one-time achievement (such as an Olympic Medal, Nobel Prize, or an Oscar) or provide evidence of three out of ten of the following criteria:

• You have received nationally or internationally recognized prizes or awards. You should prove that your prize or award is related to your field, that it is a sign of achievement and excellence, and that it is based on merit. USCIS will look at the criteria used to select the winner of the award as well as information regarding the significance of the award. Any selection based on merit, such as a postdoctoral appointment or fellowship, may be listed here.

• You hold association memberships. You should list any associations or organizations that you belong to that only accept members based on achievement and merit. These should be elite associations that do not simply require membership fees and sponsors. Be sure to list the criteria that each association membership is based on.

• You or your work has been the subject of publications. If you or your work has been the basis of articles or profiles, or if your work has been referenced in publications, these publications are evidence of your extraordinary abilities. These publications should appear in major trade media or professional journals. Include the title, date, and author of the publication when applying.

• You have judged others in your field. If you have participated as a judge in your field, you can prove it through describing the details of the job. This could include judging a competition, serving on dissertation committees, or participating on a panel. You must include the criteria for being chosen as a judge as well as prove your involvement as a judge.

• You’ve made a significant contribution in your field. Are you set apart from others in your field because you have made an outstanding contribution? This criterion is usually proven through affidavits of other experts in your field or any documentation that proves your work is set apart from other high-achievers in your field.

• You’ve published articles. It is easy to provide proof that you have published important articles in your field simply by including them in your application. Be sure to note the publication in which the article appeared, whether the article was peer-reviewed, and whether the publication has a national or international reputation.

• You have a leading role in an important organization. If you hold a critical role in a notable organization in your field, this could further prove your extraordinary ability. Be sure to prove the importance of the organization as well as the responsibilities related to your leadership role.

• Your work is displayed in exhibitions and showcases. Do people around the world come to see your work when it is displayed? Is your work displayed at distinguished venues? If this is the case, you should provide proof of your exhibitions, such as pamphlets, posters, or invitations.

• You command a high salary. If you are so talented that you receive a higher salary than other people in your field doing the same work, this could be proof that you have an extraordinary ability. You will need to provide proof of your own salary as well as proof that this salary is above average in your industry.

• Your work is a commercial success. If you have a career in the arts and your work is a commercial success this will satisfy one of the categories for your EB-1 application. This proof could involve the sales records of an album, a work of art, or a video.

Our Immigration Attorneys Can Help You Prove Your Extraordinary Ability

It is not enough to know that you have an extraordinary ability. You have to prove it to USCIS with documents and affidavits. Our EB-1 immigration lawyers can help you collect evidence and determine if you meet the requirements needed to obtain this visa. To learn more about the EB-1 category and our immigration legal services, please call us or contact us today.[:es]To qualify as an Alien of Extraordinary Ability the applicant must prove he or she has “risen to the very top of their field of endeavor.”

Through our experience with previous extraordinary ability cases we have gained insight into what USCIS is looking for in this category.  Here is a rundown of the guidelines and best practices for a foreign national to document their achievements to meet USCIS expectations.

• Prizes and Awards. This can include a postdoctoral appointment or similar selection based on merit.  For each prize or award being used indicate:
  • The most objective evidence you can find of the reputation of the organization granting the award;
  • The significance of the award;
  • The criteria used to select the recipient;
  • If possible, indicate that the awards or honors “equate to those reserved for members who are in the very top percentage of your field;”
  • Show that beneficiary has received national or international recognition for the award (e.g. fellowship).
• Memberships in Associations in the Field. This should only include associations where merit (outstanding achievements) is required for membership and not organizations where you just pay your dues and get two sponsors. For each membership include evidence of the criteria used to grant membership.
• Published Material About The alien’s Work. Looking for material published in professional or major trade media about the beneficiary, relating to the beneficiary’s work in his field.  This is where we include citations to publications and any articles about you, your research, or a project you are involved in with someone else being written up (e.g. your postdoctoral advisor).  Although its not enough by itself we do like to have you obtain a Citation Index Summary of all places your publications are cited and then get actual copies of the 5-10 best citations.  Distinguish a true central reference from a footnote citation required in a scientific publication.  USCIS is looking for:
  • Evidence that the work is significant;
  • Indicate where in the published material your work is evaluated (or submit a separate evaluation of the citation to your work);
  • “Evidence of a scholarly piece which relies on the your work as its central reference or which approaches being a dissertation about your individual work.”;
  • NOTE: USCIS has commented that citations in footnoted or parenthetical form are not necessarily sufficient;
  • Also USCIS has commented on citations being to early work.  Citations to early work should be explained (e.g. more significant because no one has done anything in the meantime or because it is still the leading authority on this point, etc); and
  • “Scientific citations in the scientific research papers of others does not constitute published material about the beneficiary.”
• Judge of The Work of Others in the Field. This category would include refereeing journals, advising on dissertation  committees, reviewing grant proposals, being asked to comment on others papers at a conference or elsewhere because of your reputation in this field.  In each case USCIS wants:
  • Explain the criteria for selection as a panelist or reviewer;
  • Provide evidence of your participation as a “judge.”;
  • If possible, distinguish your impact on the contributions to the final product from that of fellow reviewers.
• Original Scientific, Scholarly, Artistic, Athletic, or Business-Related Contributions, i.e. Your Work is Of Major Significance. Importance of your contributions to the field or sub-field.   This is usually shown by Affidavits from the experts in your sub-field.
  •  “Evidence that those outside the alien’s circle of colleagues and acquaintances consider the work important is especially valuable.”
  •  USCIS has commented “Try to set your achievements apart from other scientific researchers who commonly have advanced degrees, conduct research, and publish results in scientific journals.”  In other words that your work is of major significance and therefore extraordinary.

• Publications.
  • Include significance of publications in which they appeared;
  • Specify whether articles were peer-reviewed before publication;
  • Indicate whether the journal is national or international in reputation; and
  • If all publications are co-authored, need to distinguish the beneficiary’s individual contributions or show that those individual contributions have earned national or international acclaim.

• Performance of Leading or Critical Roles for Organization With A Distinguished Reputation.
  • Need evidence of the organization’s reputation.

• Display of Work In The Field At Artistic Exhibitions or Showcases. Should show display in more than one country and indicate the significance of the venue where your work is being displayed.  This can be posters, software or anything that is displayed.

• Evidence of High Salary in Relation to Others in the Field. Evidence of salary and evidence of what others in your field are getting.

• Evidence of Commercial Successes in the Performing Arts As Shown By Box Office Receipts, or Record, Cassette, Compact Disc,or Video Sales. Need documentary evidence and/or Affidavits to prove this.

• Sustained National Or International Acclaim. USCIS defines extraordinary ability as 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.”
  • Sustained national or international acclaim;
  • Achievements recognized as extraordinary by others in the field;
  • It is especially helpful to get quotes in your Affidavits where other experts are describing you as among the “top five percent of biologists in the world” or “top five percent of some sub-field” or at least “top five percent of persons in a sub-field working on a particular type of problem;” and
  • OK to include letters from individuals who have worked with the beneficiary but these need to be supplemented with letters from independent experts.  “Documentation from independent experts in the beneficiary’s field should be readily available if the beneficiary has received sustained national or international acclaim and is one of that small percentage who have risen to the very top of the field of endeavor.”

• Opportunities for Prospective Employment in The U.S. For this we will need evidence of where you are working now, any offers for future employment that you have received recently, and a statement or two in your Affidavits as to your future job prospects in your field and how your work is going to prospectively benefit the U.S.  USCIS is looking for two things here:
  • You seek to enter the U.S. to continue working in your area of extraordinary ability;
  • The alien’s entry into the U.S. will substantially benefit prospectively the U.S.