- The EB-1A is a first preference immigration petition, which applies to an alien with extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.
- No offer of employment is required.
- It is intended to be for the small percentage of individuals who have risen to the very top of their field of endeavor.
- The alien with extraordinary ability in the sciences, arts, education, businesses, or athletics which has been demonstrated by sustained national or international acclaim;
- The alien seeks entry to continue work in the area of extraordinary ability in the U.S.; and
- The alien’s entry will substantially benefit prospectively the U.S. Often, the substantial benefit criteria is met through the other two criteria, but there may be very rare instances where the alien’s admission may be damaging or detrimental to the interests of the U.S.
The alien must provide evidence of a one-time achievement (e.g., Oscar, Nobel), or meet 3 out of the 10 criteria below:
- Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence;
- Evidence of the membership in associations in the field which demand outstanding achievement of their members;
- Evidence of published material about the alien in professional or major trade publications or other major media;
- Evidence that the alien has been asked to judge the work of others, either individually or on a panel;
- Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
- Evidence of the alien’s authorship of scholarly articles in professional or major trade publications or other major media;
- Evidence that the alien’s work has been displayed at artistic exhibitions or showcases;
- Evidence of the alien’s performance of a leading or critical role in distinguished organizations;
- Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field; or
- Evidence of the alien’s commercial successes in the performing arts.