Employment-Based First Preference (EB1) or Priority Workers

Extraordinary Ability
Employer and Labor Certification not required

The general requirement is that the individual should have risen to the "top of her/his field of endeavor."

(i) as demonstrated by national or international acclaim

(ii) which should be recognized through extensive documentation and

(iii) the alien should continue the work in the same field and

(iv) would substantially benefit the U.S. prospectively.

The definitions, being broad, could apply to a number of situations. The general requirement is that the individual should have risen to the "top of her/his field of endeavor."

The law states that receipt of the Nobel Prize or at least three types of evidence from the list below are needed to satisfy the criteria. Note that the submitted documentation must relate to and support the specific case presented to the INS.

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 to 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. 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.

4. 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.

5. Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media.

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

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

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

9. Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field.

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

An advantage of this category is that an employer is not required to sponsor this Petition.

Our Office has filed many successful Petitions on behalf of such "extraordinary" persons. In many cases, we will submit Petitions in two or three different categories for the applicant, assuming the applicant can qualify under two separate categories. This will increase the chance of a successful result especially in the case of nationals from China and India with such a backlog in the Employment-Based Second Preference Petitions, including the national interest waiver Petitions.