EB1-A (Alien of Extraordinary Ability)
Introduction
EB1-A or EB1-EA is a subgroup of first preference employment-based immigration (EB-1). Liu & Associates, P.C. specializes in EB1-A (Alien of Extraordinary Ability) petitions. This preference category covers foreign nationals of extraordinary ability in the sciences, arts, education, business, or athletics. Federal immigration law does not require a prospective employer (unlike EB1-B, EB1-C, and other preference categories), but the person must be entering to continue working in the chosen field and must substantially benefit the U.S. prospectively. The petitioner must also show sustained national or international acclaim with recognized achievements, the hardest requirement to prove. Drawing on our experience, Liu & Associates, P.C. has developed a winning argument strategy for this prong. An extraordinary ability case demands extensive documentation and strong petition skills from the attorney, so you can trust Liu & Associates, P.C. with your EB1-A case.
Advantages: No Labor Certification is Required, Self Petition is Allowed
The EB1-A employment-based category offers many advantages. A specific job offer is not required, as long as the foreign person is entering the United States to continue working in the field of extraordinary ability; self-petition is therefore allowed. Self-petition does not mean you should file a DIY petition, however. The immigrant visa process is complicated, and an immigration attorney can handle the intricate legal and regulatory issues. Liu & Associates, P.C. has filed countless successful EB1-A petitions for our clients.
A labor certification is also not required. Because obtaining one takes a long time, an EB1-A application saves the applicant considerable time, so the attorneys at Liu & Associates, P.C. encourage qualified clients to petition under this classification.
Qualifications of an EB1-A Petitioner
For an EB1-A visa, the petitioner must show that the foreign person has sustained national or international acclaim for his or her achievements, is entering the United States to continue working in the field that is the subject of that acclaim, and that the person's presence and activity will benefit the United States. If you have questions about these three requirements, contact Liu & Associates, P.C. Click here to read (Qualification of EB1A (Alien of Extraordinary Ability) ).
Definitions and Evidence of “Extraordinary Ability“
Federal regulations define “extraordinary ability“ as expertise showing that the individual is one of a small percentage who have risen to the very top of a particular field in the sciences, arts, education, business, or athletics. Federal law indicates that such a person will have received national and international acclaim, which may be shown by a major internationally recognized award such as a Nobel Prize or an Academy Award. Alternatively, immigration law requires the petitioner to provide at least three of the following types of evidence:
- Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
- Membership in an association that requires outstanding achievement as a condition of membership in the field for which the classification is sought
- Published material about the foreign person or his or her work in professional, trade journals, or major media publications. (These items must include title, date, author, and must be translated into English)
- The foreign person's participation, on a panel or individually, as a judge of the work of others in the same or a related field
- Evidence of original contributions, usually through publication, of major significance in the foreign national's fields of science, scholastic, artistic, or athletic
- Authorship of scholarly articles in the field, in professional journals, or other major media (national newspapers, magazines, etc.)
- Display of the foreign national's work at significant exhibitions
- Performance in a significant role for organizations or establishments that have a distinguished reputation
- Receipt of a higher salary or remuneration than is usual in the field
- Commercial success in the performing arts as shown by box office receipts or sales records, cassette, compact disk, or video sales, or
- Other comparable evidence if the above types of evidence do not readily apply to the foreign national's occupations
These evidentiary criteria are ambiguous. Cases before the AAO (Administrative Appeal Office) show that not every criterion applies to every foreign beneficiary, and even immigration attorneys sometimes confuse which criterion fits their clients. Drawing on years of rigorous legal training and experience, the attorneys at Liu & Associates, P.C. can determine precisely which criterion applies to a client's application. Click here to read (Documentation of EB1-A (Alien of Extraordinary Ability) Petition) ).
“Very top of the Endeavor“
On the requirement that the foreign person be part of a “small percentage who has risen to the very top“ of the field of endeavor, AAO cases show that the field must be defined before deciding whether the foreign person has extraordinary ability in it. In our opinion, a narrow field makes it easier to argue that the person has risen to the top. In the blog article Have You Risen to the very Top of the Endeavor? , the author explained that petitioners should draw on the foreign beneficiary's past education and work experience to define the field. A narrower field does not guarantee approval, however. Some AAO cases note that officers grow suspicious when a field is defined so narrowly that rising to the top of the endeavor is meaningless. To learn more about defining your field of endeavor, contact Liu & Associates, P.C. today.
How to Present Evidence
The attorneys of Liu & Associates, P.C. believe the best way to address whether the foreign person is “one of the small percentage who have risen to the very top“ of his or her field is to compare that person with those who are average or typical in the field. Where scholarly publication is typical, for example, Liu & Associates, P.C. will show that the client's articles appeared in the field's most prestigious journals, underwent peer review there, or have been widely cited elsewhere.
Comparing to Approved Cases
USCIS has tried to downplay comparison with other approved cases in the same field, but the attorneys of Liu & Associates, P.C. have found that the court and the AAO consistently hold that the agency's own rules make comparison with others in the field the controlling standard. How USCIS has treated others in the field with comparable qualifications is therefore highly relevant.
Two-Part Approach Taken by the USCIS Adjudicators
In 2010, the U.S. Court of Appeals for the Ninth Circuit reviewed the denial of an EB1-A petition, the Kazarian case. The AAO determines that Kazarian sets forth a two-part approach: Part One: Counting the Types of Evidence Provided; Part Two: Final Merits Determination. Click here for a detailed introduction to this important case as summarized by Liu & Associates, P.C. Two-Part Approach (the Kazarian case) for EB1-A (Alien of Extraordinary Ability) petition
To learn more about first preference employment immigration as summarized by Liu & Associates, P.C., please click here.
Step by Step for a Good NIW/EB1 Recommendation Letter
Applying for Alien of Extraordinary Ability (EB1A) from outside of the U.S.
For more information about applying for Alien of Extraordinary Ability (EB1A) from outside the U.S., please Click Here.