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):

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

The regulations also allow for comparable evidence to be submitted if the above documentation categories do not apply.  Note that while self-sponsorship is permitted, it must still be demonstrated that the applicant seeks to continue work in the area of extraordinary ability, and that the applicant’s prospective admission as a permanent resident will substantially benefit the United States.

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.  USCIS Premium processing is available for this filing category.  Please check the USCIS webiste for processing times, https://egov.uscis.gov/processing-times/.