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EB1A Alien of Extraordinary Ability

Legal Requirements: The Immigration Act of 1990 created an employment-based immigration category for individuals considered "Aliens of Extraordinary Ability" (EB1A). In order to qualify as an Eb1A, an individual must provide documents to prove that he/she is at the very top of the field. While USCIS regulations specifically list fields of endeavor in the sciences, arts, education, business, or athletics, they have also exercised broad interpretation of how specific occupations fit into these fields.

No offer of employment required. It can be a Self-Petition. Post-graduate researcher and Ph.D. students may apply.

Evidence:

A one-time major, international recognized award

Or at least three of the following

(1)-- Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor

(2)--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

(3)-- 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

(4)-- 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

(5)-- Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field

(6)--Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media

(7)-- Evidence of the display of the alien's work in the field at artistic exhibitions or showcases

(8)-- Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation

EB1A Document Preparation Suggestions

Based on our approved EB1A applications, the following documents support an EB1A application:

Awards bestowed by a national level agency such as the Ministry of Education, the National Science and Technology Committee. Awards received from foreign countries can be used as evidence

Membership based on some selective standard that requires proven achievements, such as Senior member or Fellow of a professional organization

Newspaper report or major online news report, review citations discuss or critique the alien applicant's actual research

Participation as a conference program committee member or as a speaker on a panel at an international conference can be used in this criterion. Review of grants and articles for international peer-reviewed journals can also be used, but not if the request has been passed down from a supervising professor or principal investigator.

Publications should be in peer-reviewed academic journals. Introduction of the reputation, circulation areas and the impact factor of the journals are supportive. It is permissible for an alien to co-author articles, and there is no requirement that the alien must be first-author.

Professional conference presentations, including oral, abstract, poster presentations. Introduction of the scope of the attendance and the reputation of the organizer of the conferences are supportive.

 

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