Extraordinary Ability Petitions

Employment-Based Immigration: First Preference EB-1 Extraordinary Ability

Let’s first consider if we might be able to prove your eligibility to immigrate in the First Employment Preference category. Essentially, if you are “one of the few that has risen to the within the top percent of your field” in your home country, another country, or internationally, then you should qualify as an individual with “extraordinary abilities”. You must prove “sustained” success, although the amount of time is not specified, so it is important to document your history from the start of your successes and recognition in your field even if from a young age.

The First Employment Preference category allows you to petition for yourself, although at the time you immigrate you must specify that you have and will work in your field of expertise and have offers of employment (one or multiple) for U.S. employment. We must also prove that your immigration will substantially benefit prospectively the US, so we emphasize how you will benefit the arts, culture, business, or other interests through your intended work in the US.

An Applicant may technically qualify for approval in this preference category in any field, specialty, or subspecialty, and it really is up to the Applicant to define for Immigration the group you will be measured within, but this is something we wish to clarify before we start obtaining letters of reference and other new documentation.

Remember, you are only required to prove national standing, not international, so we first concentrate on your success and standing in the country where you have been the most successful, and then move to document your successes in other countries (including the U.S.). If you document some international success, Immigration does not presume you had to have enjoyed national success prior to that. You must prove all of your national standing and successes, and international if you wish.

To qualify, you may provide:

Proof of one (1) major internationally recognized award in the field (one-time achievement) or
at least three of the following criteria:

Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
Evidence of your membership in associations in the field which demand outstanding achievement of their members
Evidence of published material about you in professional or major trade publications or other major media
Evidence that you have been asked to judge the work of others, either individually or on a panel
Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
Evidence that your work has been displayed at artistic exhibitions or showcases
Evidence of your performance of a leading or critical role in distinguished organizations
Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
Evidence of your commercial successes in the performing arts

O-1 Visa: Individuals with Extraordinary Ability or Achievement

The O-1 non-immigrant visa category requires that the intended foreign worker possess “extraordinary abilities” in the field. This normally means a particular level of success in that field in the home country, another country, or internationally.

Evidentiary criteria for an O-1 alien of extraordinary ability in the arts.

To qualify as an alien of extraordinary ability in the field of arts, the alien must be recognized as being prominent in his or her field of endeavor as demonstrated by the following:

(A) Evidence that the alien has been nominated for, or has been the recipient of, significant national or international awards or prizes in the particular field such as an Academy Award, an Emmy, a Grammy, or a Director’s Guild Award; or

(B) At least three of the following forms of documentation:

(1) Evidence that the alien has performed, and will perform, services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications contracts, or endorsements;

(2) Evidence that the alien has achieved national or international recognition for achievements evidenced by critical reviews or other published materials by or about the individual in major newspapers, trade journals, magazines, or other publications;

(3) Evidence that the alien has performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation evidenced by articles in newspapers, trade journals, publications, or testimonials;

(4) Evidence that the alien has a record of major commercial or critically acclaimed successes as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion pictures or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications;

(5) Evidence that the alien has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the alien is engaged. Such testimonials must be in a form which clearly indicates the author’s authority, expertise, and knowledge of the alien’s achievements; or

(6) Evidence that the alien has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field, as evidenced by contracts or other reliable evidence; or

(C) If the criteria listed above do not readily apply to the beneficiary’s occupation, the petitioner may submit comparable evidence in order to establish the beneficiary’s eligibility.

Evidentiary criteria for an O-1 alien of extraordinary ability in the fields of science, education, business, or athletics.

An alien of extraordinary ability in the fields of science, education, business, or athletics must demonstrate sustained national or international acclaim and recognition for achievements in the field of expertise by providing evidence of:

(A) Receipt of a major, internationally recognized award, such as the Nobel Prize; or

(B) At least three of the following forms of documentation:

(1) Documentation of the alien’s receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;

(2) 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;

(3) Published material in professional or major trade publications or major media about the alien, relating to the alien’s work in the field for which classification is sought, which shall include the title, date, and author of such published material, and any necessary translation;

(4) Evidence of the alien’s participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization to that for which classification is sought;

(5) Evidence of the alien’s original scientific, scholarly, or business-related contributions of major significance in the field;

(6) Evidence of the alien’s authorship of scholarly articles in the field, in professional journals, or other major media;

(7) Evidence that the alien has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation;

(8) Evidence that the alien has either commanded a high salary or will command a high salary or other remuneration for services, evidenced by contracts or other reliable evidence.

(C) If the criteria listed above do not readily apply to the beneficiary’s occupation, the petitioner may submit comparable evidence in order to establish the beneficiary’s eligibility.

Evidentiary criteria for an alien of extraordinary achievement in the motion picture or television industry.

To qualify as an alien of extraordinary achievement in the motion picture or television industry, the alien must be recognized as having a demonstrated record of extraordinary achievement as evidenced by the following:

(B) At least three of the following forms of documentation:

(4) Evidence that the alien has a record of major commercial or critically acclaimed successes as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion picture or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications;

(6) Evidence that the alien has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to other in the field, as evidenced by contracts or other reliable evidence.