EB1 Extraordinary Ability Green Card

The EB1 Extraordinary Ability Green Card (EB1-1, or EB1-A) is a permanent visa option for individuals in the arts, sciences, education, business or athletics who can demonstrate sustained acclaim at the “very top” of their field.

Qualified EB1 candidates do not require a US employer sponsor. Moreover, EB1 petitions have priority over all other types of Employment-Based Green Card petitions. So, they are first in line in the annual quota system for green cards.

We note also that the O-1 visa may be a temporary option for qualified EB1 candidates. But, the O-1 visa requires sponsorship by a US employer or agent. It is valid for just one to three years at a time (or for the duration of employment, if shorter).

EB1 Extraordinary Ability: Basic Requirements

Basic requirements for the EB1 Extraordinary Ability Green Card include:

• Sustained national or international acclaim; demonstration of major contributions to field of expertise.
• Intent to continue working in the field of extraordinary ability in the US. And,
• Candidate’s work is and will be of substantial, prospective benefit to the US national interest.

“Extraordinary ability” means the candidate can show s/he is one of a small percentage who have risen to the very top of his/her field. Evidence of a major one-time achievement (e.g., an internationally recognized award such as the Nobel Prize, Oscar, Grammy or Emmy) establishes eligibility.

In the absence of a major one-time achievement, a candidate must meet at least 3 of the factors below. The petition should show significant contributions in the area of expertise. Finally, if the EB1 Extraordinary Ability factors do not apply to the area of expertise, the candidate may present alternate evidence.

EB1 Extraordinary Ability Factors (at least 3):

1. Performance in leading or critical role for organizations or establishments with a distinguished reputation.
2. Published material about EB1 Extraordinary Ability candidate in professional or major trade publications or other major media relating to candidate’s work in field for which classification is sought. These should include title, date, author, and any necessary translation.
3. Original scientific and/or scholarly contributions of major significance in the field.
4. Participation individually or on a panel as a judge of others in the same or allied field. This may include participation as a journal reviewer or participation on a Board of Directors. Note that in the case of reviewerships, USCIS is looking for instances in which the EB1 candidate qualifies as reviewer based on particular expertise. General requests from an advisor or other individual count are not persuasive.
5. Authorship of scholarly articles published in professional or major trade publications or other major media.
6. High salary or other significantly high remuneration for services in relation to others in the field.
7. Display of EB1 candidate’s work in showcases or events.
8. Major Prizes or Awards: EB1 candidate’s receipt of nationally or internationally recognized prizes or awards indicating excellence in the field.
9. Membership in Associations Requiring Outstanding Achievements: membership in associations that require outstanding achievements, as judged by recognized national or international experts. (This does not include organizations that merely require a fee for membership, however prestigious.)
10. Commercial success in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

Notes on EB1 Factors

In cases of scientists or academics, USCIS relies heavily on publications and their impact in the field. Generally, USCIS is looking for more than a handful of publications, unless publication is not customary in the EB1 candidate’s field. Publications in prestigious journals with international circulation carry more weight. In addition, USCIS considers independent citations of an EB1 candidate’s publications to be a strong indicator of impact and of the candidate’s stature.

Quantity of evidence is not necessarily critical. But it can suggest an EB1 candidate’s major impact in the field. Quality, circulation and prestige of journals, and/or demonstrable influence of publications on peers in the field and/or on the field as a whole may be important factors.

Note that USCIS does not give substantial consideration to student awards, fellowships or other honors. But some prestigious student awards or honors may have some limited influence. Student publications by or about the EB1 candidate also carry little weight. Patents have substantial importance only if granted, and if they have a significant impact and/or have been adopted on a widespread basis. A patent pending carries little to no weight.

Letters from recognized experts in the EB1 candidate’s field can be extremely important. USCIS looks for a mix of experts to comment on an EB1 Extraordinary Ability case. This may include “objective” experts who may not know the EB1 candidate personally, but who may know of his/her work due to its prominence; experts who are not in the EB1 candidate’s immediate professional circles; and experts who have worked directly with the candidate.