EB1A Regulations

Petitioner is seeking classification as an alien with extraordinary ability under 8 U.S.C. §1153(b)(1)(A). This section provides for the issuance of a visa to an alien if:

1. The foreign national has extraordinary ability in the field of sciences, arts, education, business, or athletics. Their achievements have been demonstrated by sustained national or international acclaim and recognized in the field through extensive evidence;
2. The foreign national seeks to enter the U.S. to continue work in the area of extraordinary ability (i.e., expertise), and
3. The foreign national’s entry into the U.S. will substantially benefit prospectively the United States.

The statute does not define “extraordinary ability.” Still, the applicable federal regulations define the term as “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.” 8 C.F.R. § 204.5(h)(2).

A foreign national seeking to be classified as an individual with extraordinary ability may establish his eligibility in one of two ways.

First, the EB1A applicant may prove his or her eligibility with “evidence of a one-time achievement (i.e., a major, international recognized award)[.]” 8 C.F.R. § 204.5(h)(3).

Alternatively, the EB1A applicant may demonstrate that he or she satisfies at least three of the following ten EB1A criteria:

1. Documentation of the applicant’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
2. Documentation of the applicant’s membership in associations in the field for which classification is sought. The associations must require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
3. Published material about the applicant in professional or major trade publications or other major media, relating to the applicant’s work in the field for which classification is sought. The evidence should include the title, date, and author of the publication;
4. Evidence of the applicant’s participation, either individually or on a panel, as a judge of the work of others in the same or similar field for which classification is sought;
5. Evidence of the applicant’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
6. Evidence of the applicant’s authorship of scholarly articles in the field, in professional or major trade publications, or other major media;
7. Evidence of the display of the applicant’s work in the field at artistic exhibitions or showcases;
8. Evidence that the applicant has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
9. Evidence that the applicant has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or
10. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

8 C.F.R. § 204.5(h)(3).