The EB-1A visa, also known as the “Extraordinary Ability” immigrant visa, is part of the employment-based first preference (EB-1) category. It allows individuals with extraordinary ability in fields such as the arts, sciences, education, business, or athletics to apply for permanent residency in the U.S. Here are the general requirements for an EB-1A petition as shared by an immigration lawyer:
1. Extraordinary Ability
The individual must demonstrate “extraordinary ability,” defined as sustained national or international acclaim in their field. This can be shown through one-time achievements like major internationally recognized awards (e.g., an Oscar, Olympic medal, or Nobel Prize), or by meeting at least three of the ten following criteria:
2. Criteria For Evidence (Meet At Least 3 Of 10)
- Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field.
- Membership in associations that require outstanding achievements of their members, as judged by recognized national or international experts.
- Published material in professional or major trade publications or other major media about the individual and their work in the field.
- Participation as a judge (individually or on a panel) of the work of others in the same or a related field.
- Original contributions of major significance in the field, whether scholarly, scientific, artistic, or business-related.
- Authorship of scholarly articles in professional journals or major media in the field.
- Display of work in exhibitions or showcases in the field.
- Leading or critical role in distinguished organizations in the field.
- High salary or other significantly high remuneration compared to others in the field.
- Commercial successes in the performing arts, as evidenced by box office receipts, record sales, or other similar indicators.
3. Sustained Acclaim
As our friends at Bolour / Carl Immigration Group, APC can explain, the applicant must show that their work has garnered ongoing recognition and has achieved acclaim at the national or international level. Documentation supporting this claim could include awards, media coverage, or letters from peers in the field.
4. Continued Work In The Field
The petitioner must demonstrate that they intend to continue working in the same field in the U.S., either through a job offer or by showing how they will continue to pursue their professional career independently (e.g., contracts, future projects).
5. No Labor Certification
Unlike other employment-based visas, the EB-1A does not require a labor certification from the Department of Labor, meaning the process is typically faster.
6. Self-Petition Option
Applicants for EB-1A do not need a U.S. employer to sponsor them and can file a self-petition (Form I-140), as long as they meet the extraordinary ability criteria.
These general requirements ensure that the applicant demonstrates a high level of skill and recognition in their field, which justifies their eligibility for permanent residency based on their achievements.
For more detailed information, you can refer to USCIS guidelines or consult an immigration attorney.
Updates To EB-1A:
Recently, the U.S. Citizenship and Immigration Services (USCIS) released updated guidance regarding the EB-1A visa for individuals with extraordinary ability. These changes, effective October 2024, aim to clarify the evidence that can be submitted and broaden the criteria for applicants in fields like science, the arts, education, business, and athletics.
Key updates include:
- Team Awards: USCIS now recognizes contributions to team-based achievements, such as in collaborative research or sports, under the criteria for nationally or internationally recognized awards. This offers more flexibility for applicants whose work is often part of a team effort.
- Memberships: USCIS will consider past and present memberships in prestigious organizations that require outstanding achievements. Previously, only current memberships were evaluated.
- Published Materials: The standard for media coverage has been relaxed. USCIS no longer requires that published materials explicitly highlight the significance of the applicant’s work, simplifying the process for meeting this criterion.
- Exhibitions: Non-artistic exhibitions can now be used as comparable evidence to demonstrate extraordinary ability in fields outside of the arts.
These changes are expected to make it easier for individuals to demonstrate their extraordinary qualifications and for employers to hire top talent through the EB-1 visa program. Contact an attorney near you for help.