Aliens of Extraordinary Ability (EB-1A) 

How to judge " Extraordinary Ability", Immigration & Nationality Act gives two criteria:

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• The first criterion is that the petitioner only needs to prove that he or she has received more than one internationally recognized award. The criterion of Extraordinary Ability can be met by an internationally recognized award without providing other evidence. Immigration & Nationality Act does not give the scope of major international awards. Based on our experience, such as Nobel Prize, Oscar Prize, Olympic Medal, Pulitzer Prize or International Major Inventions and Creations are accepted as internationally recognized awards. Few people can meet this criterion. So Immigration & Nationality Act provides a second criterion, and Alien of Extraordinary Ability who meets the second criterion can still immigrate to the United States.

• The second criterion provides another criterion, that is, the petitioner only needs to meet any three of the ten criteria stipulated in the Immigration & Nationality Act, and then can apply for EB-1A Aliens of Extraordinary Ability through the subjective judgement of the immigration officer. Our law firm has helped thousands of clients successfully immigrate to the United States through this criterion. 

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The petitioner meets any three of the ten criteria stipulated in the Immigration & Nationality Act:

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(1) Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence

Professional Attorney Analysis: Based on the experience of our team, the petitioner needs to win at least three awards to meet this criterion. Evidence of the award includes the official certificate, introduction and selection criteria about the award, media reports about the awards, official announcements from the organization, and more.

 

(2) Evidence of your membership in associations in the field that demand outstanding achievement of their members

Professional Attorney Analysis: To meet the membership criteria of esteemed associations, the petitioner must demonstrate outstanding achievements. The name of the association, the date when the applicant was inducted, the criteria for membership, and the position held by the applicant in the association must be provided. Additionally, the applicant needs to prove that the organization holds a high reputation and exerts significant influence in its respective field.

 

(3) Evidence of published material about you in professional or major trade publications or other major media

Professional Attorney Analysis: According to the circulation of media, we can judge whether the media belongs to the 'main media'. However, with the progress of society and science and technology, more and more paper media have withdrawn from the stage of history, and the judicial standards of USCIS have also changed. Now USCIS also accepts the reports from the Internet media. Media coverage must include headlines, dates, authors, and detailed translations. In addition, in recent years, USCIS has been more and more strict in checking media coverage. Simple media coverage is of no significance to EB-1A application. Media coverage needs to be specific, preferably in the form of exclusive interviews.

 

(4) Evidence that you have been asked to judge the work of others, either individually or on a panel

Professional Attorney Analysis: Applicants must complete at least three reviews to meet this criterion, with those in the field of science needing at least 8 to 10 reviews. The applicant must evaluate and appraise the works of others in his or her professional field or related fields. Evidence should include the time, place, project, composition of candidates, an introduction and the importance of the awards, an introduction of qualification and assessment of projects, letters of invitation and thank you letters, and records of the manuscript review system.

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(5) Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field

Professional Attorney Analysis: This criterion is the most flexible of all the 10 criteria and can be considered as an "all-round" option for Aliens of Extraordinary Ability. Generally speaking, we suggest that clients should provide patent application certificates, expert recommendation letters, business contracts, and other evidence. The applicant should provide materials like media reports, patents, articles, etc., proving originality, and letters of recommendation, media reports, articles, etc., proving significance.

 

(6) Evidence of your authorship of scholarly articles in professional or major trade publications or other major media

Professional Attorney Analysis: USCIS pays more attention to the quantity and quality of articles. Many applicants mistakenly believe that publishing a lot of articles in a short time can meet such requirements. USCIS will focus on the citation of articles published by applicants. Generally speaking, it is easier for applicants in the fields of medicine, biology, chemistry, physics, and other natural sciences to obtain a large number of citations. The articles of applicants in computer science, mathematics, and some liberal arts fields tend to be less cited. Each article or publication should include basic information, such as the complete article, circulation and independent citations (CNKI, Google Scholar), and background information about the journals.

 

(7) Evidence that your work has been displayed at artistic exhibitions or showcases

Professional Attorney Analysis: Generally speaking, artists and architects can meet this requirement. It should be noted that photographs are not enough evidence, and petitioners need to provide complete evidence to prove that they meet this requirement. Along with photographic evidence, the following information must be provided: publicity materials for the exhibition or program, reports on the exhibition or program, evidence of profitability, and objective evidence of the petitioner’s works.

 

(8) Evidence of your performance of a leading or critical role in distinguished organizations

Professional Attorney Analysis: According to the instructions of the U.S. Immigration Act, petitioners should not only prove that their organizations are "important," but also that their positions are "critical" and "leading." In addition, petitioners need to provide evidence of at least two important positions. To be considered a distinguished organization, the size and longevity of an organization alone do not determine whether a distinguished reputation exists. Other relevant factors include the scale of its customer base and media coverage. The Oxford Languages dictionary defines "distinguished" to mean “successful, authoritative, and commanding great respect.” For a leading role, evidence must establish that the petitioner is, or was, a leader of a distinguished organization. For a critical role, evidence must establish that the person contributed significantly to the organization.

 

(9) Evidence that you command a high salary or other significantly high remuneration in relation to others in the field

Professional Attorney Analysis: Firstly, the petitioner must provide relevant tax payment records and income certificates. The attorney will then organize and compare these materials, identifying salary standards for the petitioner’s domestic counterparts as well as their American counterparts to demonstrate that the petitioner earns significantly more than their peers. Acceptable evidence includes credible contracts or job offers, as well as tax returns or pay statements, to substantiate the petitioner’s high salary.

 

(10) Evidence of your commercial successes in the performing arts

Professional Attorney Analysis: With the advancement of science and technology, USCIS adapts to modern developments. Tapes or CDs are now rare in the market, so attorneys primarily rely on online clicks and online revenue for information. They focus on sales volume and box office receipts to measure commercial success relative to others in similar fields.