Aliens with Extraordinary Ability (EB-1A)
Aliens with Extraordinary Ability (EB-1A) is the most ideal and preferable category because it can be processed rather faster, and very often without waiting for quotas. Alien’s extraordinary ability and be in area of sciences, arts, education, business, athletics or any other respects. Alien’s level of expertise must indicate that s/he is one of the small percentage who has risen to the very top of the field of endeavor. Alien’s such ability must be demonstrated by national or international acclaim, and his/her achievements has been recognized in the field of expertise.
Evidence of Extraordinary Ability shall include evidence of a one-time achievement (that is, a major, international recognized award such), or at least three of the following:
- Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
- Documentation of the alien’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
- Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation;
- Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought;
- Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
- Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media;
- Evidence of the display of the alien’s work in the field at artistic exhibitions or showcases;
- Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
- Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field;
- Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.
If the above standards do not readily apply to the alien’s occupation, s/he may submit comparable evidence to show his/her eligibility.
Continue to Work and Benefit U.S. The Alien’s entry into the U.S. under this category must continue to work in their field of expertise. Their entry must substantially benefit prospectively the U.S.
Requirement of Employment. No offer of employment is needed. However, the alien must demonstrate that s/he seeks to pursue the work in the area of his/her expertise in the U.S.
Labor Certification (LC). No LC approved by the Department of Labor is required.
Family Members (spouse/children). They, whether accompanying or following to join the alien, have same priority date as principal applicant.