Extraordinary Ability Aliens (EB-1A)

The employment-based 1st preference category (EB-1) includes aliens of “extraordinary ability in the sciences, arts, education, business or athletics. Aliens in the EB-1 category do not have to undergo the labor certification (L/C) process.

The alien seeking classification in this group may file the petition on his or her own behalf. A specific job offer is not required in this group, as long as the alien is entering the United States to continue work in the field in which he or she has extraordinary ability, which can be shown through evidence such as letters from prospective employers, pre- arranged commitments such as contracts, or a statement from the alien detailing his or her plans for continuing his or her work in the United States.

Criteria for qualifying for EB-1A Extraordinary Ability Category: "Three-out-of-ten" rule is used to evaluate the qualification. The alien must include at least three types of evidence from the following list:

  • Prizes or awards of lesser nationally or internationally recognized prizes or awards;
  • Membership in associations which require outstanding achievements of their members, as judged by experts;
  • Published materials in professional or major trade publication or major media about the alien and relating to the alien's work;
  • Being a judge of the work of others in the field;
  • Contributions of major significance;
  • Authorship of scholarly articles in professional journals or other major media;
  • Display of work at artistic exhibitions in more than one country;
  • Performance in a lead role or organizations with distinguished reputations;
  • Significantly high salary;
  • Commercial successes;