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Home  :  Resources  :  FAQ  :  Extraordinary Ability Aliens

Extraordinary Ability Aliens

1.What is the definition of “extraordinary ability”?
2.How do I qualify as an alien of extraordinary ability?
3.Who can petition to classify an individual as an alien of extraordinary ability?
4.Is a job offer required for obtaining EB-1 classification as an alien of extraordinary ability?
 
1.What is the definition of “extraordinary ability”?

“Extraordinary ability” in the US immigration context means “a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor."


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2.How do I qualify as an alien of extraordinary ability?

You may qualify for classification as an EB-1 Alien of Extraordinary Ability in the sciences, art, education, business or athletics if you have received sustained national or international acclaim as evidenced by:

Receipt of a major, internationally-recognized award (such as a Nobel Prize, Academy Award or Olympic Gold Medal)

OR

At least three of the following:

1. Receipt of lesser nationally or internationally recognized prizes or awards for excellence;
2. Membership in associations in the field which demand outstanding achievement of their members;
3. Published material about the alien in professional or major trade publications or other major media;
4. Participation as a judge of the work of others, either individually or on a panel;
5. Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
6. Authorship of scholarly articles in professional or major trade publications or other major media;
7. Display of work at artistic exhibitions or showcases;
8. Performance of a leading or critical role in distinguished organizations;
9. Commanded a high salary or other significantly high remuneration in relation to others in the field;
10. Commercial success in the performing arts.

In addition to the above, you must be able to demonstrate that you are entering the US to continue to work in the field of your extraordinary ability and that your presence in the US would substantially benefit the US.


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3.Who can petition to classify an individual as an alien of extraordinary ability?

The USCIS regulations allow either the alien or a US employer to petition to classify an individual as an alien of extraordinary ability. 


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4.Is a job offer required for obtaining EB-1 classification as an alien of extraordinary ability?

No, a job offer is not required.  However, the petition must be supported by clear evidence hat the individual is coming to the US to continue work in the area of expertise.  Such evidence, as set forth by the regulations, may include letters from prospective employers, evidence of prearranged commitments such as contracts or a statement from the alien detailing plans on how he or she intends to continue his or her work in the US.

 


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