What are the qualifications for an EB-1A Visa?
April Perez • January 5, 2022
Click here to read this article in Portuguese and Spanish
An EB-1(a)
is a visa for those that can prove they have an Extraordinary Ability or Achievement in the sciences, arts, education, business or athletics
through sustained national or international acclaim.
Sustained national or international acclaim is proven by showing that you have a one-time achievement or major award such as a Nobel Prize, Grammy or an Oscar or
that you can meet at least three
of the criteria below by providing adequate evidence (examples below):
- Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
Evidence of an award can include: a certificate, a list of the criteria for the award, meaning how the winners are selected, and background on the award to show that it is a national or international award.
- Evidence of your membership in associations in the field which demand outstanding achievement of their members
Evidence of membership can include: a membership certificate or letter from an official from the organization verifying your membership.
Evidence that the association demands outstanding achievements of their members can include: background on how the members are selected through official website links, background information on who selects the members, bylaws of the organization stating how members are selected and who selects them, background of other members, background on those who select members, articles about the organization, and background links about the organization.
- Evidence of published material about you in professional or major trade publications or other major media
Evidence of published material should show the source of the publication. You should also provide circulation numbers on the publication if it is in print, if it is an article published through a website it should be a website from a major publication that has a high volume of traffic. - Evidence that you have been asked to judge the work of others, either individually or on a panel
Evidence of being a judge can include: a letter from the organization you were a judge for or the event you were a judge for explaining how you were selected, what the judging consisted of, and background on the event or organization you were a judge for.
- Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
Evidence that the contribution was original can be: through a patent, or other verifying documentation.
Evidence that it was of major significance can be: shown through application by other organizations in the field of your original contribution, and contracts or letters verifying the wide use of your contribution. - Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
Evidence can include: the article you published, evidence of where it was published, and evidence of the number of times the article was cited by others.
- Evidence that your work has been displayed at artistic exhibitions or showcases
Evidence can include: articles, flyers and other promotional materials for the exhibition. Contracts, and photos of the exhibition. Proof of sales of any work sold at the exhibition. - Evidence of your performance of a leading or critical role in distinguished organizations
Evidence can include: letters from former employers explaining how your work was critical for the organization as a whole.
Evidence that the organization is distinguished can be: articles about the organization, awards the organization has won, and background on the organization.
- Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
Evidence can be: paystubs, income taxes or other proof of payment for work in your field. The payments should be quantified, meaning that you need to prove how much you were paid per hour or per year for your work. - Evidence of your commercial successes in the performing arts
Evidence can include ticket, record, or video sales or box office receipts.
This is not an exhaustive list of possible evidence, and in some fields the evidence may not fall directly within the parameters of the criteria.
Aside from the criteria you must also be able to show that you will continue to work in your field of expertise.
USCIS will first determine whether you meet at least three of the criteria, and if you do, they will move on to do a final merits determination as to whether you are extraordinary.
An alien who falls within this category may self-petition by filing the proper forms and evidence. The idea of being “extraordinary” sounds simple, but you must be able to prove that you qualify. It is important to have the proper guidance from an attorney through this process.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
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Click here to read this article in Portuguese
Click here to read this article in Portuguese and Spanish
U.S. Citizenship and Immigration Services (USCIS) has announced a major change to the H-1B cap selection process. Under a final rule issued on December 29, 2025, USCIS will replace the long-standing random H-1B lottery with a wage-weighted selection system that favors higher-paid and more complex positions. The rule is scheduled to take effect on February 27, 2026 , just ahead of the fiscal year 2027 H-1B cap registration season, unless delayed by legal challenges. If implemented, USCIS is expected to release additional guidance explaining how employers must submit registrations under the revised process. This change marks one of the most significant reforms to the H-1B program in recent years. Up until 2025, all registrations were treated equally once the annual cap was reached. Under the new system, selection odds will be tied to wage levels based on the U.S. Department of Labor’s Occupational Employment and Wage Statistics data. All H-1B registrations will still be placed into a single selection pool, but registrations tied to higher wage levels will receive multiple entries into that pool, increasing their likelihood of selection. Lower wage levels will receive fewer entries, making selection less likely but not impossible. H-1B wage levels are not determined solely by salary. Each wage level reflects the complexity of the job, the level of responsibility involved, and the education and experience required . Entry-level positions involving routine duties and close supervision are generally classified at the lowest wage level, while positions requiring independent judgment, advanced skills, and significant responsibility fall into higher wage levels. The highest wage level is reserved for roles that involve expert knowledge, strategic decision-making, and substantial leadership or technical authority. USCIS is expected to closely scrutinize selected petitions to ensure that the wage level claimed during registration is supported by the job duties and salary offered in the petition. Any discrepancies between the registration and the petition may result in requests for evidence, denials, or enforcement action. With the elimination of the purely random lottery, employers should begin preparing early by carefully evaluating job descriptions, wage levels, and overall H-1B strategy. Accurate classification and thoughtful planning will be essential under this new wage-based selection system. If you are an employer considering H-1B sponsorship, or a foreign professional wondering whether your position may qualify under the new wage-based system, consulting with experienced immigration counsel is more important than ever. Santos Lloyd Law is actively advising clients on H-1B cap registrations and strategy under the new rules. To discuss your options or determine whether you may qualify, contact our office to schedule a consultation.
During the recent administration there has been an increase in issuance of Requests for Evidence for EB-1A petitions for those of Extraordinary Ability. A Request for Evidence is a request that is made by USCIS that should explain how the evidence is deficient in proving the criteria argued and what additional evidence needs to be provided by the applicant to meet the criteria. EB-1A petitions are already normally subject to higher scrutiny because their approval is the first step needed to apply for Lawful Permanent Residence or a green card. USCIS normally requires not just evidence but that the evidence be provided with context and information to show why it matters in a particular field. For example, if you were providing evidence of your membership in an organization that requires outstanding achievements of its members, just providing evidence of the membership is not enough. You must explain what that membership is and provide background information on the organization granting the membership. You also need to provide evidence on the criteria that is used to select the members, information on those who select the members to show that they are recognized experts, other documentation such as articles about the membership organization to show its importance, and any other relevant evidence and background information to show that the criteria is met. A request for evidence being issued prior to the current administration was not uncommon, but in the current climate it is more surprising to not receive a request for evidence for this type of case. It is important to remember that a request for evidence is not a denial. Depending on the validity of the information in the request and the substance some Requests for Evidence can be overcome, and the case be approved. It is important to carefully review the request and note if there are any errors in the content and application of the regulations by USCIS. If you have an attorney, you should work with them and make sure that you provide any evidence you think may be helpful. Although there is a deadline by which a response must be submitted, attention to detail and patience will go a long way when dealing with having to respond to a request for evidence. If you believe you may qualify for this type of visa, please feel free to contact our office.
