Alien of Extraordinary Ability

An Alien of Extraordinary Ability or EB-1(a) classification applies to aliens who can demonstrate that they “have risen to the very top of their field of endeavor.” To establish that he/she is a top member within their respective field, evidence of receipt of an internationally recognized award such as the Nobel Prize or Academy Award is accepted.

In the absence of an internationally recognized award, one can establish him/herself as an Alien of Extraordinary Ability by providing documentation of any three (3) of the following:

· Receipt of lesser nationally or internationally recognized prizes or awards for excellence.

· Membership in associations which require outstanding achievements of their members, as judged by recognized national or international experts in their fields.

· Published material in professional/major trade publications or major media about the alien and relating to the alien’s work field.

· Participation as a judge (individually or as a part of a panel) evaluating the work of others.

· Original scientific, scholarly, or artistic contributions of major significance.

· Authorship of scholarly article in professional journals or other major media.

· Artistic exhibitions/shows.

· Leading role within an organization/establishment with a distinguished reputation.

· High salary/compensation for services in comparison to others.

· Commercial success within the performing arts, as shown by either box office receipt figures or cassette, compact disk, video, or DVD sales figures. The alien must also show that the alien’s admittance into the United States will substantially benefit the United States in the future.

However, the alien must prove that he/she will continue to pursue their work within the United States. Examples of supporting documentation include letters from prospective employers, a statement from the alien detailing his/her future work plans and other evidence of future work commitments.

Like all Eb-1’s, no Labor Certification is required. Also, an alien that qualifies as an Alien of Extraordinary Ability need not seek employment or have a job offer. An EB-1(a) candidate may petition for his/her own permanent residency without the need for an employer sponsor, as is generally required in employment-based petitions.

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