The EB-1 Extraordinary Ability Green Card (sometimes referred to as EB-1-1, or EB-1-A) is for those in the arts, sciences, education, business or athletics who can demonstrate sustained acclaim, and who can show they are at the very top of their field of endeavor. Qualified candidates can waive both the PERM/labor certification process and offer of employment requirements that are in place for most Employment-Based Green Card petitions. EB-1 petitions (Employment-Based 1st Preference) are given priority over all other types of Employment-Based Green Card petitions, which means that they are first in line in the annual quota system for green cards.Click here for information on a free initial assessment of your options in this category; but before doing so, please review the information on this page.

EB-1 Extraordinary Ability General Requirements

• Sustained national or international acclaim; achievements recognized in field of expertise;
• Intent to continue work in the field of extraordinary ability in the US; and,
• Work is of substantial, prospective benefit to the US national interest.

Extraordinary ability is a level of expertise indicating that the candidate is one of a small percentage who have risen to the very top of a particular field. Extensive documentation is required to establish eligibility for the EB-1 Extraordinary Ability Green Card. This may include evidence of a major one-time achievement (e.g., an internationally recognized award such as the Nobel Prize, Oscar, Grammy or Emmy), or at least 3 of the following factors that demonstrate the candidate has had a significant impact on his/her area of expertise. If these EB-1 Extraordinary Abillity regulatory factors do not apply to a candidate’s particular area of expertise, s/he may present alternate evidence.

EB-1 Extraordinary Ability Regulatory Factors (must demonstrate at least 3):

1. EB-1 candidate’s receipt of nationally or internationally recognized prizes or awards indicating excellence in the field of endeavor.
2. EB-1 candidate’s Membership in associations requiring outstanding achievements, as judged by recognized national or international experts in applicable disciplines or fields (this does not include organizations that merely require a fee for membership, however prestigious the organization).
3. Published material about the EB-1 candidate in professional or major trade publications or other major media relating to applicant’s work in field for which classification is sought; evidence should include title, date, author, and any necessary translation.
4. EB-1 candidate’s participation individually or on panel as judge of others in the same or allied field; this might include participation as journal reviewer, or participation on a Board of Directors, if applicable.
5. Original scientific and/or scholarly contributions of major significance in the field.
6. Authorship of scholarly articles in the field published in professional or major trade publications or other major media.
7. Display of EB-1 candidate’s work in showcases or events.
8. Performance in a leading or critical role for organizations or establishments that have a distinguished reputation.
9. High salary or other significantly high remuneration for services, in relation to others in the field. Or,
10. Commercial success in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

In cases of scientists or academics who apply in the EB-1 Extraordinary Ability Green Card category, USCIS relies heavily on publications (not a mere handful, unless that is customary in the field; and preferably, if relevant to the candidate’s area of expertise, in prestigious journals with international circulation). They also consider independent citations of those publications in relevant journals to be a strong indicator of impact and of the candidate’s stature in her field.

Quantity of evidence is not necessarily dispositive in an EB-1 petition, though it can strongly suggest impact if combined with quality, circulation and prestige of journals, as well as demonstrable influence of the publications on peers in the field and/or on the field as a whole.

Please note that for EB-1 Extraordinary Ability Green Card, USCIS does not give substantial consideration to awards, fellowships or other honors received at a student level, although some prestigious awards may have some influence. Nor will USCIS give significant weight to student publications by or about the EB-1 candidate. Patents will be given substantial weight only if a patent has actually been granted (a patent that is pending carries little to no weight), and only if the candidate can show that the patented item has had a significant impact on the field and/or has been adopted commercially on a widespread basis.

Letters from recognized experts in a candidate’s field are often extremely important in an EB-1 Extraordinary Ability Green Card petition. Therefore, it is important to choose letter writers carefully. USCIS looks for a mix of experts to comment on an EB-1 Extraordinary Ability case, including “objective” letter writers who may not know the EB-1 candidate personally, but who may know of his/her work due to its prominence; or letter writers who are not in the EB-1 candidate’s immediate professional circles; or those who have worked directly with the candidate.