Extraordinary Ability Aliens

Our firm has successfully represented clients in cases of Extraordinary Ability Aliens, view our Extraordinary Ability Alien Success Stories.

This EB-1A subcategory covers aliens possessing extraordinary ability in the sciences, arts, education, business or athletics. The extraordinary ability subcategory does not require a specific job offer, so long as the alien states that they will continue to work in the field of their extraordinary ability in the US. This means that the alien may file a petition on their own behalf, rather than having an employer file for them.

Extraordinary ability is a relatively new concept in immigration law, being introduced only in 1990. Regulations define extraordinary ability as a “level of expertise indicating that the individual is one of those few who have risen to the top of the field of endeavor.” There are two ways to demonstrate extraordinary ability to obtain EB-1 classification. First, the alien can show that they have received a major, internationally recognized award such as a Nobel Prize or an Academy Award. The second, and more common method is for the alien to show three of the following ten types of evidence:

• Receipt of lesser national or international prizes or awards for excellence in their field of endeavor
• Membership in associations in the field of endeavor that require outstanding achievements of their members
• Published material about the alien and his work in professional journals, trade publications, or the major media
• Participation, either in a group or alone, as a judge of others in the same or a similar field
• Original scientific, scholarly, or artistic contributions of major significance in the field of endeavor
• Authorship of scholarly articles in the field, published in professional journals or the major media
• Display of the alien’s work at artistic exhibitions or showcases in more than one country
• Performance in a lead, starring, or critical role for organizations with a distinguished reputation
• Commanding a high salary compared to others in the field
• Commercial success in the performing arts, as shown by box office receipts and sales