EB1A Visa Guide Criteria: USCIS Classification Guidance for EB1A

1. What is the EB1A: Extraordinary Ability Category?

Is it possible to obtain a green card without the need for an employer or a job offer?

Typically, acquiring an employment-based Green Card involves two key requirements: 1) an employer initiating an immigrant petition on the applicant's behalf; and 2) a job offer. However, individuals who demonstrate exceptional abilities in their respective fields may not require either of these prerequisites. Through the EB1A category, individuals can self-petition for a Green Card. Additionally, the lengthy PERM/labor certification process, which can take up to a year and a half in certain cases, is not necessary under this category. For eligible candidates, this route can be one of the quickest paths to permanent residency, with premium processing options available.

2. What are the EB1A Requirements?

Requirements: How to Build a Strong EB1A Case

The EB1A is reserved for individuals in fields such as arts, sciences, athletics, education, or business. To qualify, applicants must either demonstrate receipt of a major internationally recognized award (such as a Nobel Prize or Pulitzer) or meet at least three of the ten statutory criteria.

Despite meeting the qualifications for at least three of the criteria, many clients lack knowledge on how to construct their case to prove their eligibility. To address this gap, we aim to provide guidance on the most compelling evidence required for each of the ten criteria points under the EB1A category.

3. What are the Best Types of Evidence to Provide for Approval?

The Best Evidence for Building an EB1A Matter

Awards & Prizes

Evidence of receiving lesser nationally or internationally recognized prizes or awards for excellence is essential for your application.

  • Additionally, include any press coverage from major publications that discuss the award's eligibility criteria and your award receipt.
  • Acceptable evidence may include photos of your award with your name clearly legible, congratulatory letters from the organization, scans of award certificates, and confirmations from the awarding committee.

Association Membership

Documentation of the foreign national's membership in associations within their field that require outstanding achievements from their members is crucial.

  • Here, you can provide a printout from the online database listing your membership, a copy of your membership card, or a confirmation letter from the association verifying your membership.
  • Include a letter from the organization detailing the membership criteria. Additionally, submit any online screenshots illustrating the membership criteria and lists of esteemed leaders in your field who are members of the association.
  • Lastly, include any publications that discuss the selectivity of the organization's membership.

Media Coverage

Documentation of the foreign national's appearance in professional or major trade publications, or other significant media outlets.

  • Here you provide press materials showcasing the foreign national's accomplishments, including interviews, article printouts, radio or television appearances, etc.
  • Also include evidence of the reputability of the press source.

Judging Others' Work

Evidence demonstrating that the foreign national has been invited to assess the work of others, either individually or as part of a panel.

  • Here, you can submit emails or letters inviting the foreign national to serve as a judge, along with confirmation of rendering the service (e.g., thank you emails).
  • Provide screenshots or printouts listing the foreign national as a member of the jury or judge panel.
  • Include screenshots or printouts from the organization detailing the criteria for judge qualifications.

Original Contributions

Evidence of the foreign national's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field.

  • Present testimony from leading professionals in the field through reference letters.
  • Include certified patents (pending patents are not probative).
  • Provide evidence of the foreign national's work being utilized by others in the field, such as contracts to use patents or press about unique inventions.

Scholarly Articles

Documentation of the foreign national's authorship of scholarly articles in professional or major trade publications or other major media.

  • Submit publications featuring the foreign national's name and accomplishments.
  • Include evidence of the circulation rate and ranking of the publication's website.

Artistic Exhibitions

Evidence of the foreign national's work displayed at artistic exhibitions or showcases.

  • Provide evidence such as brochures, posters, advertisements, or photos of exhibits with the foreign national's name clearly highlighted.
  • Include field press or printouts from organization/gallery websites discussing the exhibition, attendance, reception, and prestige.

Leadership Role

Evidence of the foreign national's significant leadership or critical role within distinguished organizations.

  • Show evidence of employment as an executive, manager, supervisor, or chair from current or past positions.
  • Alternatively, submit organizational charts demonstrating notable rank in the group's hierarchy.
  • Include evidence of internal awards typically reserved for organization leaders and independent articles disclosing the organization's distinguished nature.

High Salary

Evidence that the foreign national commands a high salary or significantly high remuneration in relation to others in the field.

  • Submit copies of tax documents, recent paycheck stubs, or contracts discussing pay/remuneration rendered.

Commercial Success

Documentation of the foreign national's commercial successes in the performing arts.

  • Provide evidence of relevant box office, record sales, TV ratings, and audience viewing statistics.
  • Include press discussing the commercial success of projects.
  • Tax documents/pay transfer evidence of royalties and revenue for performance.

4. What are Some Additional Considerations Beyond the 3 of 10 Enumerated Categories?

Additional Considerations After Meeting 3 of 10 Criteria: Kazarian Policy Memorandum

In 2010, the Ninth Circuit Court of Appeals delivered a pivotal decision that forever altered the landscape of EB1A petitions. Known as Kazarian v. USCIS, this Ninth Circuit case prompted USCIS to issue a "policy memorandum" outlining detailed guidelines for assessing EB1A applications.

The memorandum, commonly referred to as the "Kazarian Policy Memorandum," raised the standard for establishing "extraordinariness." In addition to satisfying three of the ten enumerated criteria, applicants are now required to provide documented evidence supporting:

  1. Demonstrated expertise placing the foreign national within the top percentile of their field.
  2. Sustained international or national acclaim, recognizing the applicant's achievements.
  3. Intent to continue working in their field.
  4. Potential to impart substantial benefits to the United States.

The latter two requirements (3 and 4) necessitate the applicant's demonstration to USCIS as to why the traditional, time-intensive PERM Labor Certification process and job offer should be bypassed. Focus should be placed on future job prospects, involvement in unique and significant projects, prospective funding opportunities, and the immediacy of these endeavors. This approach aims to convince the US government that delay in obtaining residency status is unwarranted.

5. What Forms do I Need to File an EB1A?

Similar to any employment-based green card petition, you must submit a Form I-140 along with the required fees. It's important to note that USCIS updates their fees and forms regularly, so it's essential to ensure you are using the latest editions and paying the correct fees.

Depending on your country of chargeability (where you were born), you may also be eligible to submit an I-485 Adjustment of Status application along with your I-140 petition. To determine eligibility, refer to the current month's visa bulletin, which is updated two weeks before the month ends. You can check if your priority date, based on your country of chargeability, is current. A priority date is considered current when it is marked as "C" under the "First Preference" section of the chart.

The adjustment of status application allows individuals who are currently in lawful status and physically inside the United States to apply for a green card. If you are not physically present in the US, you can apply for an immigrant visa, and consequently a US green card, through consular processing at the US Consulate abroad. For consular processing, you'll need to complete a DS-260 with the Department of State.

6. Conclusion

Experienced immigration practitioners are often surprised by the subjective evaluation involved in EB1A visa applications. Therefore, it's crucial to provide robust documentation to construct a compelling argument showcasing your extraordinary abilities. In case your application is challenged, you may receive a "Request for Evidence" (RFE), allowing you to bolster the strengths of your case in the areas under question.

If you have any inquiries regarding your eligibility for a Green Card through the EB1A process or need assistance navigating the complexities of your case, please don't hesitate to contact us directly at contact@eb1agreencardcoach.com. We are highly responsive via email and are dedicated to assisting you with your inquiries.