EB-1 Priority Workers: Extraordinary Ability
  • Employer - Not required
  • Labor Certification - Not required
This category is also referred to as E11 category.

Aliens with extraordinary ability are those with "extraordinary ability in the science, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation".

You must be one of "that small percentage who have risen to the very top of the field of endeavor" to qualify for this classification.

It is generally advisable to submit petitions in 2 or 3 different categories assuming the applicant can qualify under 2 separate categories. This will increase the chance of a successful result especially in the case of Chinese and Indian citizens that have a big backlog in other employment based categories.

Some examples of the persons that qualify under this category are medical researchers, a professor or Engineering, a software developer who has a Ph.D. in 2 areas and has been responsible for state-of-the-art innovations that have significantly advanced the field as a whole.

Documents
Petition must be filed with the following evidence:
  • One of the following evidences:
    • Evidence of a one-time achievement such as receipt of a major internationally recognized award such as a Nobel Prize or other awards that are in the same class as a Nobel Prize; or

    • Alternative evidence of EB-1 classification based on at least three of the types of evidence outlined below:
      1. Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.

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

      3. Published material about the alien in professional or major trade publications or other major media. Such evidence shall include the title, date, and author of the material, and any necessary translation.

      4. Evidence of participation on a panel or individually as a judge of the work of others in the field or an allied field.

      5. Evidence of original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field.

      6. Evidence of authorship of scholarly articles in professional or major trade publications or other major media.

      7. Evidence that the alien's work has been displayed at artistic exhibitions or showcases.

      8. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have distinguished reputations.

      9. Evidence that the alien commands a high salary or other significantly high renumeration in relation to others in the field.

      10. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

      If the above standards don't readily apply to the alien's occupation, you may submit comparable evidence to establish the alien's eligibility.

      Please note that simply having evidence in 3 out of the 10 items is not sufficient. It is a minimum baseline requirement.

  • Evidence that the alien is coming to the U.S. to continue work in the area of expertise. Such evidence may include letter(s) from prospective employee(s), evidence of prearranged commitments such as contracts, or a statement from the alien detailing plans on how he or she intends to continue work in the U.S.

Procedure