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
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