B
O
C
There are two ways to satisfy the requirements for an EB1(1)
immigrant visa. The first is receiving a major, internationally
recognized award. Fortunately for those who haven’t won the
Nobel Prize yet, the second set of standards is not as difficult to
achieve.
The INS regulations (8 C.F.R. § 204.5(h)(3)) require that a
Petitioner must fulfill at least three of following ten
standards:
1. Receipt of a lesser nationally or internationally recognized prize
for achievement in your field. This could include a medical
fellowship, a Fulbright award, or a Caldecott award.
2. Membership in associations in your field that require
"outstanding achievement" of their members. This standard is
relatively vague.
Associations that are open to all members of a given profession
can be considered, but associations that limit membership to only
the most accomplished members of the profession are certainly
more valuable.
3. Material published about you in major trade publications or
other major media.
The material must concern your work in the field. Publications
could range from journals specific to your field, like The Journal of
Otolaryngology, to major newspapers, like The New York Times.
You are not limited to print; a story about you on "60 Minutes"
might also fulfill this requirement.
4. Serving as a judge of others in your field either individually or
on a panel. Sitting on the Nobel Prize Committee would fulfill the
requirement, as would participating in the peer review process of
a scientific article or acting as a member of a thesis review
committee.
5. Original, scientific, scholarly, artistic, athletic, or business-
related contributions of major significance in your field.
This standard is wide open. Basically, the INS will base its
judgment of your contribution on the letters of support that others
in the field submit. So letters from recognized authorities in your
field who consider your contributions original and significant will
satisfy this requirement.
6. Authorship of scholarly articles in your field.
This refers to articles that you wrote concerning your work rather
than material written about you by others, as is the case with
standard 3 above.
Again, the publications can range from major trade journals to
mass media. Although the regulations refer specifically to
"articles," other forms of publication such as visual media should
fulfill this requirement.
7. Display of your work in exhibitions or showcases. The
regulations do not mention how prestigious the exhibition must be.
8. Performing a critical or leading role for organizations that have
a distinguished reputation.
This could be acting as curator for the Metropolitan Museum of
Art or serving as an essential researcher for an important
laboratory.
9. Commanding a high salary in your field.
The regulation requires that your salary or remuneration be high
in relation to others in the field, so a teacher need not make as
much as a professional football player.
10. Commercial success in the performing arts.
This can be demonstrated by box office receipts from your films or
plays, sales of your record, or selling your video documentary to
a network for a notable sum.
Satisfying three out of the ten criteria does not guarantee that the
INS will grant you EB-1-1 classification as an alien of extraordinary
ability.
The INS looks for quality as well as quantity.
As in so many other aspects of immigration law, comprehensive
documentation of your qualifications is all important.
Application Procedures:
A USCIS Form I-140 (Petition for Alien Worker) is required. All
I-140 petitions must be filed at the USCIS Regional Service Center
that has jurisdiction over the place where the individual will work.
The petition packet must include the required documentary
evidence and should follow the specific filing guidelines of the
Service Center. No labor certification is needed required.
immigrant visa. The first is receiving a major, internationally
recognized award. Fortunately for those who haven’t won the
Nobel Prize yet, the second set of standards is not as difficult to
achieve.
The INS regulations (8 C.F.R. § 204.5(h)(3)) require that a
Petitioner must fulfill at least three of following ten
standards:
1. Receipt of a lesser nationally or internationally recognized prize
for achievement in your field. This could include a medical
fellowship, a Fulbright award, or a Caldecott award.
2. Membership in associations in your field that require
"outstanding achievement" of their members. This standard is
relatively vague.
Associations that are open to all members of a given profession
can be considered, but associations that limit membership to only
the most accomplished members of the profession are certainly
more valuable.
3. Material published about you in major trade publications or
other major media.
The material must concern your work in the field. Publications
could range from journals specific to your field, like The Journal of
Otolaryngology, to major newspapers, like The New York Times.
You are not limited to print; a story about you on "60 Minutes"
might also fulfill this requirement.
4. Serving as a judge of others in your field either individually or
on a panel. Sitting on the Nobel Prize Committee would fulfill the
requirement, as would participating in the peer review process of
a scientific article or acting as a member of a thesis review
committee.
5. Original, scientific, scholarly, artistic, athletic, or business-
related contributions of major significance in your field.
This standard is wide open. Basically, the INS will base its
judgment of your contribution on the letters of support that others
in the field submit. So letters from recognized authorities in your
field who consider your contributions original and significant will
satisfy this requirement.
6. Authorship of scholarly articles in your field.
This refers to articles that you wrote concerning your work rather
than material written about you by others, as is the case with
standard 3 above.
Again, the publications can range from major trade journals to
mass media. Although the regulations refer specifically to
"articles," other forms of publication such as visual media should
fulfill this requirement.
7. Display of your work in exhibitions or showcases. The
regulations do not mention how prestigious the exhibition must be.
8. Performing a critical or leading role for organizations that have
a distinguished reputation.
This could be acting as curator for the Metropolitan Museum of
Art or serving as an essential researcher for an important
laboratory.
9. Commanding a high salary in your field.
The regulation requires that your salary or remuneration be high
in relation to others in the field, so a teacher need not make as
much as a professional football player.
10. Commercial success in the performing arts.
This can be demonstrated by box office receipts from your films or
plays, sales of your record, or selling your video documentary to
a network for a notable sum.
Satisfying three out of the ten criteria does not guarantee that the
INS will grant you EB-1-1 classification as an alien of extraordinary
ability.
The INS looks for quality as well as quantity.
As in so many other aspects of immigration law, comprehensive
documentation of your qualifications is all important.
Application Procedures:
A USCIS Form I-140 (Petition for Alien Worker) is required. All
I-140 petitions must be filed at the USCIS Regional Service Center
that has jurisdiction over the place where the individual will work.
The petition packet must include the required documentary
evidence and should follow the specific filing guidelines of the
Service Center. No labor certification is needed required.
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OKOYE
CHANG
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EB1(1): Extraordinary Ability
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