Immigrant with Extraordinary Ability (EB-1A)
Who Gets It?
EB-1A visas are granted to individuals who can demonstrate that they possess extraordinary ability in the sciences, arts, education, business, or athletics through sustained national and international acclaim. If you received a highly respected award, such as an Emmy, Grammy, or the like, then you typically automatically qualify.
What the USCIS Wants to See?
The USCIS requires documentation and a written explanation that the individual has received significant recognition from experts in the field. They also ask for evidence that the individual is as an alien of extraordinary ability, is in the top 1% of the field, and has made significant original contributions to the field. The following is a list of some of the requirements for approval.
- Submissions must establish that the visa seeker meets at least three of the following regulatory criteria:
a. Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
b. Evidence of your membership in associations in the field which demand outstanding achievement of their members
c. Evidence of published material about you in professional or major trade publications or other major media
d. Evidence that you have been asked to judge the work of others, either individually or on a panel
e. Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
f. Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
g. Evidence that your work has been displayed at artistic exhibitions or showcases
h. Evidence of your performance of a leading or critical role in distinguished organizations
i. Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
j. Evidence of your commercial successes in the performing arts
What the USCIS Does Not Want to See?
The USCIS will call into question an EB-1A based on a number of factors. These are the issues that have been raised in the past. Be aware, that the USCIS can take issue with just about anything, so this list is nowhere near complete.
- Evidence that visa seeker is not an authority in the field by virtue of third-party evidence that establishes them as such.
- Evidence that the visa seeker has not worked or had work showcased in more than one country.
- Evidence that the visa seeker has not received significant recognition from experts in the field.
- Evidence that the visa seeker has not made significant original contributions to the field.
Remember that each case is unique. To find out whether you qualify for this visa, please contact us directly and set up an appointment.