Qualification for EB-1(a) 4/4

Posted on July 10, 2007 by Warren Wen | Category: Immigration

Qualification for Aliens of Extraordinary Ability 4/4

In the previous article, we briefly introduced the qualification requirements upon which students or scholars of Ph. D degree need to focus on, in applying for green card as aliens of extraordinary ability.  In this article, we will focus on the qualification requirements for aliens with extraordinary ability in arts, like folk artist, performing artist, painter etc.

In the pertinent regulations, the following two qualification requirements are specially tailored to extraordinary artists:

  1. Evidence in the display of the alien’s work in the field at artistic exhibitions or showcases;
  2. Evidence of commercial successes in performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

For the first one, not all exhibitions or showcases are qualified as evidence. The USCIS will evaluate how influential the exhibition or showcase has been.  Generally speaking, an international exhibition is more persuasive than a domestic exhibition. Local exhibition is normally not accepted. In addition to proving that his art work is displayed in the exhibitions or showcases, the applicant also needs to explain how the exhibition chose the works and related reports. That is to say, the applicant needs to prove that the exhibition has requirements on works and exhibitors and normal art works are not accepted by the exhibition.

While the fist qualification maybe applicable to most artists, the second one is more suitable for performing artists. Because the achievements and recognition of performing artists are evaluated by how it is accepted by the public.  Normally, the level of acceptance of the public is reflected by box office receipts or record, cassette, compact disk, or video sales.  So famous singers, dancers, excellent performing artists can prove their extraordinary ability with this provision.

In addition to the above qualification requirements, other qualification requirements listed by the immigration act are relatively easier to satisfy by aliens in arts. For example, “evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation” and “published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought” Additionally, “evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field” is also relatively easy to be met by aliens with extraordinary ability in arts.

For Korean artists who have outstanding achievements in the area of Korean songs, dances or traditional Korean art works need to look at EB-1(a) with serious interest when applying for green card. Because their skills are ethnically recognized, once they prove that they are nationally known, they are assumed to be known internationally.

This article is only for your reference. Please do not apply mechanically to any exact cases. You are welcome to consult our attorneys at Liu & Associates, P.C. For contact information, please click here.