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Aliens with extraordinary ability are
those with "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." You must be one
of "that small percentage who have risen to the very top of
the field of endeavor," to be granted this classification. For
example, if you receive a major internationally recognized award,
such as a Nobel Prize, you will qualify for an EB-1 classification.
Other awards may also qualify if you can document that the award
is in the same class as a Nobel Prize. Since few workers receive
this type of award, alternative evidence of EB-1 classification based
on at least three of the types of evidence outlined below, is permitted.
The worker may submit "other comparable evidence" if the
following criteria do not apply:
- Receipt of lesser nationally or internationally recognized
prizes or awards for excellence;
- Membership in associations in the field which demand outstanding
achievement of their members;
- Published material about the alien in professional or major
trade publications or other major media;
- Evidence that the alien has judged the work of others, either
individually or on a panel;
- Evidence of the alien's original scientific, scholarly, artistic,
athletic, or business-related contributions of major significance
to the field;
- Evidence of the alien's authorship of scholarly articles in
professional or major trade publications or other major media;
- Evidence that the alien's work has been displayed at artistic
exhibitions or showcases;
- Performance of a leading or critical role in distinguished
organizations;
- Evidence that the alien commands a high salary or other significantly
high remuneration in relation to others in the field;
- Evidence of commercial successes in the performing arts.
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Outstanding professors and researchers are recognized
internationally for their outstanding academic achievements in
a particular field. In addition, an outstanding professor or researcher
must have at least three years experience in teaching or research
in that academic area, and enter the U.S. in a tenure or tenure
track teaching or comparable research position at a university
or other institution of higher education. If the employer is a
private company rather that a university or educational institution,
the department, division, or institute of the private employer
must employ at least three persons full time in research activities
and have achieved documented accomplishments in an academic field.
Evidence that the professor or researcher is recognized as outstanding
in the academic field must include documentation of at least two
of the following:
- Receipt of major prizes or awards for outstanding achievement;
- Membership in associations that require their members to demonstrate
outstanding achievements;
- Published material in professional publications written by
others about the alien's work in the academic field;
- Participation, either on a panel or individually, as a judge
of the work of others in the same or allied academic field;
- Original scientific or scholarly research contributions in
the field;
- Authorship of scholarly books or articles (in scholarly journals
with international circulation) in the field.
Some executives and managers of foreign companies who are transferred
to the U.S. may qualify. A multinational manager or executive is
eligible for priority worker status if he or she has been employed
outside the U.S. in the three years preceding the petition for
at least one year by a firm or corporation and seeks to enter the
U.S to continue service to that firm or organization. The employment
must have been outside the United States in a managerial
or executive capacity and with the same employer, an affiliate,
or a subsidiary of the employer.
The petitioner must be a U.S. employer, doing business for at
least one year, that is an affiliate, a subsidiary, or the same
employer as the firm, corporation or other legal entity that employed
the foreign national abroad. Definitions of terms relevant to this
EB-1 category are found in 8 CFR § 204.5.
Application Procedures
A USCIS Form I-140 (Petition for Alien Worker) is required. All I-140
petitions must be filed at the USCIS Regional Service Center that has
jurisdiction over the place where the individual will work. The petition
packet must include the required documentary evidence and should follow
the specific filing guidelines of the Service Center. No labor
certification is needed for EB-1 petitions.
While the EB-1 worker of extraordinary ability may petition
for himself or herself, the employer must file the petition for
an outstanding professor or researcher and a multinational executive
or manager.
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