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EB-1 Category

Extraordinary Ability

Do you have ability in the sciences, arts, education, business or athletics? Do you want to apply your decorated skills in the United States? If you answered “yes” to those questions, then keep reading, this article is for you. There are several methods to obtain a E11 green card, as outlined by the U.S. Citizenship and Immigration Services (USCIS). Showing that you have extraordinary ability in the sciences, arts, education, business or athletics is one way to do so. There are many requirements that need to be specifically met in order to achieve your goal of a green card, and the steps outlined below should encourage you to have a knowledgeable professional help you with the process. Here is what you need to know:
First, you either must show evidence of a one-time achievement, generally a major internationally recognized award, OR at least three (3) of the following ten (10) criteria:
  • Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
  • Membership in associations in the field, which require outstanding achievements as judged by recognized national or international experts;
  • Published material about the alien in professional or major trade publications or other major media;
  • Participation on a panel or individually as a judge of the work of others in the field or allied field;
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  • Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
  • Authorship of scholarly articles in the field in professional or major trade publications or other major media;
  • Display of the alien’s work at artistic exhibitions or showcases;
  • Evidence that the alien has performed in a leading or critical role for organizations or establishments that have distinguished reputations;
  • Evidence that the alien has commanded a high salary or other high remuneration for services; and
  • Evidence of commercial successes in the performing arts, as show by box office receipts, music or video sales.
If the above standards don’t apply to your occupation, then you may submit comparable evidence to establish your eligibility along with evidence that you are coming to the US to continue to work in the area of expertise. This may include letter(s) from prospective employer(s), contracts or prearranged commitments, or a statement from you with details of how you intend to continue your work in the US.
THAT is just step one of showing that you have extraordinary ability. Step two requires you to show that you have “sustained” national or international acclaim AND you have achievements in the field indicating that you are of a small percentage that have risen to the very top of your field.
To “sustain” your national or international acclaim means to have maintained it since it was achieved. Merely achieving acclaim is not enough if you have failed to maintain it through submitting your application.
Now, the tricky part is not just submitting evidence of your achievements, but applying that evidence to the criteria outlined by the USCIS. This application needs to establish a high level of expertise to achieve your desired classification. The Burden of Proof is on YOU to show that you are more likely than not to have met the criteria outlined above.
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This application stage is where a knowledgeable attorney is invaluable. Immigration can be a time intensive process, and having an attorney guide you through the process can save you valuable time and money, and help you achieve your immigration goals the first time around.

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