EB1-A Alien of Extraordinary Ability

A foreign national under the EB1-A Extraordinary Ability category can self-petition for the Lawful Permanent Resident card without being sponsored by a U.S. employer. Any foreign national either living in the United States or abroad can self-petition for an immigrant visa based on the fact that he/she has exceptional ability in their field of endeavor.

The EB1-A category is available to foreign nationals of “extraordinary” ability in the sciences, arts, education, business, or athletics or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements. A foreign national may start the process by filing Form I-140, Petition for Alien Worker with the USCIS. The I-140 petition must be accompanied by supporting documentation evidencing the foreign national meets the statutory requirements of this category. However, it is always recommended to have an applicant file a National Interest Waiver petition requesting waiver of labor certification requirement in the national interest of the United States. A foreign national applying for a green card is not required to obtain a job offer from the prospective employer. However, they are required to provide clear and convincing evidence that he/she is coming to the United States to continue work in their area of expertise.

Evidentiary Requirements:

A foreign national must provide evidence of receipt of a major internationally recognized award, such as the Nobel Prize. Alternatively, in the absence of a major internationally recognized award, a foreign national is required to provide at least three of the following ten types of evidence:

  1. Receipt of lesser nationally/internationally recognized prizes/awards of excellence
  2. Membership in an association that requires outstanding achievement as a condition of membership
  3. Published material about the foreign national
  4. Evidence that the foreign national is a judge of the work of others and acted as a peer reviewer or referee for a scholarly journal in the same field
  5. Evidence of the foreign national’s original contribution of major significance in the same field
  6. Authorship of scholarly articles in the same field
  7. Display of the foreign national’s work at major exhibitions
  8. Evidence the foreign national has performed a significant role in the organization which has a distinguished reputation
  9. Evidence that the foreign national draws a higher salary than others in the same field 
  10. Evidence of commercial success in the performing arts 
  11. Other comparable evidence

In addition to the above requirements, the foreign national must submit his well-formatted resume as part of the evidence to the USCIS. It is useful for the USCIS adjudicator to review it to get an idea of the foreign national’s extraordinary accomplishments.

At The Ahluwalia Firm, our emphasis is on:

  • Providing zealous representation before the USCIS
  • Providing careful review of your personal circumstances
  • Providing careful coordination of all correspondence with the government agencies
  • Ensuring a service-delivery model that meets and exceeds your satisfaction

Please contact us for additional information about our ability to prepare and file all the necessary documents required to obtain a green card under the Extraordinary Ability (EB1-A) category.