EB-1A Extraordinary Ability Legal Services
DeHeng Law Offices PC advises researchers, scientists, engineers, physicians, entrepreneurs, business leaders, artists, educators, and athletes on EB-1A extraordinary ability petitions. EB-1A is an employment-based first-preference immigrant classification for individuals with extraordinary ability in the sciences, arts, education, business, or athletics. It is intended for individuals who can demonstrate sustained national or international acclaim and whose achievements have been recognized in their field through extensive documentation.
A qualifying individual may file Form I-140 on their own behalf without an employer sponsor, permanent job offer, or labor certification. The petitioner must also provide clear evidence of an intention to continue working in the area of extraordinary ability and show that the work will prospectively substantially benefit the United States. Approval of Form I-140 does not by itself grant permanent residence, lawful immigration status, or employment authorization.
EB-1A Eligibility
USCIS applies a two-step analysis to an EB-1A petition. First, the petitioner must provide evidence of a one-time achievement or satisfy at least three of the ten regulatory evidentiary criteria. USCIS then evaluates the entire record to determine whether the petitioner has sustained national or international acclaim and is among the small percentage who have risen to the very top of the field.
One-Time Achievement
Evidence of a one-time achievement, such as a major, internationally recognized award, may satisfy the initial evidentiary requirement without the petitioner having to meet three of the ten criteria. The evidence must establish both the international recognition of the award and the petitioner’s receipt of it.
Ten Evidentiary Criteria
If the petitioner does not have a qualifying one-time achievement, the petitioner must submit evidence satisfying at least three of the following ten criteria:
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Evidence of the petitioner’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field. A qualifying team award may be considered when the evidence establishes that the petitioner personally received the award.
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Evidence of the petitioner’s current or past membership in associations in the field that require outstanding achievements of their members, as judged by recognized national or international experts.
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Published material about the petitioner in professional publications, major trade publications, or other major media, relating to the petitioner’s work in the field. The evidence should include the title, date, author, and any necessary translation.
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Evidence that the petitioner has participated, individually or as a member of a panel, in judging the work of others in the same or an allied field.
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Evidence of the petitioner’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field.
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Evidence of the petitioner’s authorship of scholarly articles in the field in professional publications, major trade publications, or other major media.
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Evidence that the petitioner’s work has been displayed at artistic exhibitions or showcases.
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Evidence that the petitioner has performed in a leading or critical role for organizations or establishments with distinguished reputations. A qualifying role for a distinguished department or division may also be considered.
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Evidence that the petitioner has commanded a high salary or other significantly high remuneration for services in relation to others in the field.
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Evidence of the petitioner’s commercial successes in the performing arts, as shown by box-office receipts, sales, or other reliable indicators of commercial success.
If one or more of these criteria do not readily apply to the petitioner’s occupation, the petitioner may submit comparable evidence. The petition should explain why the listed criterion does not readily apply and how the submitted evidence is comparable to that criterion.
Final Merits Determination
Meeting at least three evidentiary criteria does not automatically establish eligibility for EB-1A classification. After completing the initial evidentiary review, USCIS evaluates the petition in its entirety to determine whether the evidence demonstrates sustained national or international acclaim, recognized achievements, and that the petitioner is among the small percentage who have risen to the very top of the field.
This review considers the quality, relevance, credibility, and probative value of the evidence rather than simply counting the number of criteria satisfied. The evidence should explain the significance of the petitioner’s achievements, the selectivity or reputation of the relevant awards and organizations, the petitioner’s standing compared with others in the field, and the extent of independent recognition received.
Continuing Work and Permanent Residence
The petitioner must provide clear evidence of an intention to continue working in the area of extraordinary ability in the United States. The future work does not have to be for a particular employer or in the same position, but it must remain within the petitioner’s area of expertise. The petitioner must also show that this work will prospectively substantially benefit the United States.
Approval of an EB-1A Form I-140 petition does not automatically grant a Green Card. When an immigrant visa is available and all other requirements are met, the beneficiary must complete adjustment of status through Form I-485 in the United States or immigrant visa processing through a U.S. consulate abroad.