May 2001 - CSC Analysis of EB-1 Extraordinary Ability Elements

California Service Center describes what it believes are the elements that make up EB-11 stature and discusses the issues that adjudicators should consider when assessing the quality of evidence.

Click here for the analysis (484 kb PDF. file)

Persons of extraordinary ability may become permanent residents without undergoing the labor certification process. In fact, such persons do not need an employer to submit a petition to INS on their behalf since they are permitted to "self-petition".

An individual of extraordinary ability is one who belongs to that "small percentage" who have "risen to the very top of the field of endeavor". Although meeting three of the following ten criteria won't guarantee that you will qualify as a individual of extraordinary ability in the arts, sciences, education, business or athletics, if you can not satisfy at least three of these items, move along to the next category: 

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;
9. Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or
10. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.