EB-1A ‘Extraordinary Ability’ Category
The EB-1A category is a green card category reserved for those in the sciences, arts, education, athletics, and business with “extraordinary ability” in their respective fields, offering a pathway to a green card without the need for employer sponsorship. In some ways, it’s similar to the nonimmigrant O-1 category, but there are important distinctions between the two categories.
USCIS Criteria for Demonstrating Extraordinary Ability
To qualify for the EB-1A, you must establish that you must provide evidence of a one-time achievement, meet at least 3 of the 10 criteria as well as evidence showing that you will be continuing to work in the area of your expertise.
The 10 criteria are as follows:
- Receipt of nationally or internationally recognized prizes or awards for excellence (e.g. evidence of venture capital or angel funding)
- Membership in associations demanding outstanding achievement from their members (so not just organisations that require paying a fee, for example)
- Published material about you in professional or major trade publications or major media (note that the media coverage has to specifically identify you, the entrepreneur, whereas the media coverage required for an O-1 visa can simply be “relating to the alien’s work in the field”)
- Participation as a judge for the work of others in your field (e.g. prestigious business plan competitions, pitch competitions, hackathons etc.)
- Original contributions of major significance to your field (which can sometimes be demonstrated through letters of support from industry experts, for example, or certain intellectual property protections like patents)
- Authorship of scholarly articles in reputable publications (like scholarly journals, or even business/industry-specific publications in certain cases)
- Display of your work at artistic exhibitions or showcases
- Leading or critical role in distinguished organizations (if you’re a (co-)founder, this should be an argument you can make!)
- Commanding a high salary relative to others in your field
- Commercial successes in the performing arts.
Final Merits Determination
There is a two-step analysis for the EB-1A. Meeting three of the regulatory criteria above is the first step; then it’s about persuading USCIS that a ‘final merits determination’ based on all the evidence, demonstrates that you are among the small percentage who are at the very top of your field.
Key advantages of the EB-1A category include:
- The ability to self petition—no need for an employer to sponsor you!
- No lengthy PERM process
How do I know if I’m eligible?
It’s best to consult with an immigration lawyer who can assess your eligibility and guide you through the process. Join our community and we can connect you with the right people!
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