This category is reserved for those who have achieved a level of expertise that includes the individual in one of a small percentage of individuals who have risen to the very top of their field of endeavor. INA Section 203(b)(1)(A)(i) defines workers of extraordinary ability as those who can show that they have 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.

One of the main advantages of filing under this category is that neither a job offer nor a labor certification is required. Although an employer can petition for an EB-1a worker, the individual can also self-petition. Whether the individual self-petitions or an employer files on an individual’s behalf, USCIS requires evidence that the individual will continue to work in the U.S. in his/her area of expertise. Such evidence can include letters from prospective employers evidence of prearranged commitments for employment, or a description of how the individual will continue to work in their field in the U.S.

 
Basic Requirements

Receipt of a major internationally recognized award, such as the Nobel Prize, can on its own qualify an individual for EB-1 classification. Needless to say, most individuals have not received a Nobel Prize or a comparable award. Therefore, most individuals will have to demonstrate their national or international excellence by presenting evidence in at least three (3) of the following documentation categories (the more, the better):

1. Receipt of lesser nationally or internationally recognized prizes or awards for excellence
2. Membership in associations in the field for which classification is sought which require outstanding achievements of their members
3. Published material about the alien in professional or major trade publications or other major media relating to the alien’s work
4. Evidence of the alien’s original scientific, scholarly, artistic, athletic or business related contributions of major significance
5. Evidence of the alien’s authorship of scholarly articles in the field
6. Evidence of the display of the alien’s work in the field of artistic exhibitions or showcases
7. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation
8. Evidence that the alien has commanded a high salary or other significantly high remuneration
9. Evidence of commercial successes in the performing arts (such as box office receipts or record/CD/video sales)

The regulations also allow for comparable evidence to be submitted if the above documentation categories do not apply.

 
Processing

Form I-140 Petition for Alien Worker for Aliens of Extraordinary Ability, must be filed with the USCIS Service Center that has jurisdiction over the place where the individual will work. The petition package must include the I-140 and the required documentary evidence mentioned above. Please check our website under Processing Times, USCIS and DOL for updated processing times for the I-140 A&B E1-E2 category.

 
This information is intended for clients of Jackson & Hertogs only. This is not intended to provide legal advice to non-clients of this firm. Nor will we respond to inquiries from non-clients. You should seek your own legal counsel in these matters.