Qualification for EB-1(a) 1/4
Posted on June 12, 2007 by Warren Wen | Category: Immigration
Qualification for Aliens of Extraordinary Ability 1/4
In the previous article, we briefly introduced First Preference Employment-based Immigration and its advantages compared to other types of Employment-based Applications. In this article, we will focus on the qualification and advantages of EB-1(a), aliens of extraordinary ability.
In addition to the advantage of being exempted from Labor Certificate and being free from the quota limitation (for qualified aliens from most of the countries under this category), aliens covered by EB-1(a) do not need sponsorship from employers as long as the aliens will continue to work in the field of their extraordinary ability in the United States. This advantage is very significant because it frees aliens from the hassle of finding qualified employers to sponsor them.
According to the regulation of INA, EB-1(a) covers aliens possessing extraordinary ability in science, arts, education, business or athletics. An alien with extraordinary ability means the individual of those small percentages who has risen to the very top of his or her field of endeavor. There are two ways to demonstrate his or her extraordinary ability. First, the alien can show that he or she has received a major, internationally recognized award, such as a Nobel Prize or an Academy Award. The second and more common method is for the alien to show three of the following ten types of evidences:
- Documentation of the alien’s receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
- Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media;
- Documentation of the alien’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;
- 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. Such evidence shall include the title, date, and author of the material, and any necessary translation;
- Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought;
- Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business- related contributions of major significance in the field;
- Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
- Evidence of the display of the alien’s work in the field at artistic exhibitions or showcases;
- Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or
- Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.
Historically, most of the aliens who apply for green card under EB-1(a) have been working in the science filed. This has brought misconception to a lot of people that only people majoring in science field could apply under EB-1(a). Nevertheless, from the above requirements, we can clearly see that people with extraordinary ability in arts, education, commerce, athletics, etc. are also covered by EB-1(a), especially those people who have achieved huge success in business.
Generally speaking, the requirement for EB-1(a) is very high, but it is not that hard to meet for a lot of people. We will give you more details regarding this category in the subsequent articles.
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.