Documentation of EB1-A (Alien of Extraordinary Ability) Petition
To win EB1-A approval, a petition must be supported by substantial documentation. The evidence may be a one-time major international prize or award, or at least three of the following types of evidence.
1. Documentation of the foreign person's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor:
The threshold for lesser nationally or internationally recognized prizes or awards is lower than for a major internationally recognized prize or award. The law requires the prize or award to be national or international in scope; local prizes and awards do not qualify. USCIS has also ruled that academic scholarships or grants do not suffice and that a team award carries less weight than an individual one. To satisfy this prong, submit evidence of how many individuals were nominated and what the eligibility criteria were.
2. Documentation of the foreign person's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields:
For membership in selective associations, the AAO has repeatedly required documentation of the membership criteria. The petitioner must show that the association makes outstanding achievement an essential condition of admission. Membership in trade unions or provincial organizations receives no weight. Likewise, requirements based on employment or activity in a field, a fixed minimum of education or experience, standardized test scores, grade point averages, recommendations by colleagues or current members, or payment of dues do not satisfy this criterion, because none of them amounts to outstanding achievement. Nor does membership qualify where the association evaluates applications at the local chapter level. In short, an association's overall prestige is not determinative; what matters is its membership requirements, and the record must show that the organization demands outstanding achievements of its general membership.
3. Published material about the foreign person, in any language, provided it has been translated into English, in professional or major trade publications or major newspapers about the foreign person; this evidence must include the title, date, and author of the material:
Published material about the foreign national must show that major media or national broadcast networks covered the person's work in detail, and the clippings supplied should include the publication's title or date. AAO rulings give no weight to local publications and little weight to clippings about projects or productions in which the foreign national took part but receives little attention in the article. A foreign person does not earn national or international acclaim as an unnamed cast member in a widely publicized play.
4. Evidence of the foreign person's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought:
The petition must explain how the activities amount to judging the work of others, and every claimed appearance must be documented.
5. Evidence of the foreign person's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field:
On contributions in the field, the AAO holds that evidence must do more than show the foreign national has been “successful“; the record must establish that her contributions set her significantly above others in the field.
6. Evidence of the foreign person's authorship of scholarly articles in the field, in professional or major trade publications or other major media:
The AAO has ruled that where publishing scholarly articles is normal in a field, such articles may have little value in proving that the applicant “is one of the small percentage who have risen to the very top“ of that field of endeavor. Articles written by the foreign person must also appear in nationally or internationally circulated journals.
7. Evidence of the display of the foreign person's work in the field at artistic exhibitions or showcases:
Note that performing solo does not by itself demonstrate sustained acclaim or extraordinary ability. If the petitioner's performances do not sell substantial numbers of tickets or otherwise draw large audiences, the fact that the petitioner performed solo is insignificant.
8. Evidence that the foreign person has performed in a leading or critical role for organizations or establishments that have a distinguished reputation:
On evidence that the foreign national has held a leading or critical role for organizations or establishments of distinguished reputation, the AAO has clarified that speaking engagements alone are insufficient; the petitioner must also show the foreign national's importance within the organization or that the organization's reputation is distinguished.
The AAO has also indicated that even a leading role in a production or project requires further evidence that the production or project succeeded. Evidence that the foreign national is merely being considered for major roles or projects gets little or no weight, because eligibility for EB-1 status must be established as of the filing date.
9. Evidence that the foreign person has commanded a high salary or other significantly high remuneration for services, in relation to others in the field.
The district court held that whether the foreign national's salary matches what top persons in the field earn must be determined by comparing others with a similar role, position, or expertise. That comparison must weigh factors beyond ability when assessing the foreign national's relative salary. Evidence of high compensation for a single project or performance cannot justify a general finding that the applicant commands a high salary.
10. Evidence of commercial successes in the performing arts, as shown by box office receipts, or record, cassette, compact disk, or video sales.
On evidence of commercial success in the performing arts, the AAO holds that this criterion applies specifically to the performing arts. Brief membership in a commercially successful ensemble receives little weight.
11. Other comparable evidence if the above types of evidence do not readily apply to the alien's occupations.
The regulation leaves “comparable evidence“ undefined, which gives the employer and the alien flexibility to document the alien's qualifications in an extraordinary ability case. Under the criteria above, USCIS may still require more than three categories of evidence in a given case.
Other Considerations: the AAO has confirmed that national recognition suffices to qualify for EB-1 status, and that where a person has not achieved international acclaim, the alien's extraordinary ability is judged by national standards. When weighing salary evidence, for example, USCIS should compare the alien's salary with that of others doing the same type of work in the country.