EB-1(a) Alien of Extraordinary Ability Visa

The EB-1(a) visa is an immigrant visa for aliens who can demonstrate that they have risen to the very top of their field of endeavor.  An alien can obtain an EB-1(a) visa without a labor certification or a job offer from a U.S. employer.  This is different from the other two EB-1 categories, both of which require a job offer from a U.S. employer and require that the U.S. employer apply for the visa on behalf of the alien.  In order to get an EB-1(a) visa, an alien must show that he or she satisfies the following two requirements:

1.    The alien has extraordinary ability in the sciences, arts, education, business or athletics which has been demonstrated by sustained national or international acclaim.

2.    The alien’s achievements have been recognized in the field through extensive documentation.

The alien can show that he or she has reached the top of the relevant field of endeavor in either of two ways.  Firstly, the alien can provide evidence of having received an internationally recognized award in the field; the example that the law uses of such an award is the Nobel Prize.  Secondly, the alien can provide documentation of any three of the following:

1.    Receipt of lesser nationally or internationally recognized prizes or awards for excellence.

2.    Membership in associations which require outstanding achievements of their members, as judged by recognized national or international experts in their fields.

3.    Published material in professional/major trade publications or major media about the alien and relating to the alien's work field.

4.    Participation as a judge (individually or as a part of a panel) evaluating the work of others.

5.    Original scientific, scholarly, or artistic contributions of major significance.

6.    Authorship of scholarly articles in professional journals or other major media.

7.    Artistic exhibitions/shows.

8.    Leading role within an organization/establishment with a distinguished reputation.

9.    High salary/compensation for services in comparison to others in the field.

10.  Commercial success within the performing arts, as shown by either box office receipt figures or cassette, compact disk, video, or DVD sales figures.

The alien must also show that he or she will continue to work in the field of extraordinary ability in the U.S. and that his or her work in that field will generate substantial benefits for the national interest of the U.S.

While the EB-1(a) visa has many advantages over the other employment-based visa categories, making the necessary showing to C.I.S. is a complicated and highly technical process, so it is very important to have a skilled attorney help you with this process.  Let the experienced immigration professionals at Law Offices of Nicholas Lowry help you achieve your American dreams!