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Learn from an experienced immigration attorney what it takes to qualify for the top-preference immigrant category as an individual of Extraordinary Ability.

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Extraordinary Ability and Immigration

U.S. immigration law grants preferential treatment to individuals who have demonstrated extraordinary ability in the sciences, arts, education, business, or athletics. Applicants must demonstrate sustained national or international acclaim and that their achievements have been recognized in their 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 be granted this classification.

What constitutes "sustained national or international acclaim"?

Applicants must present evidence of sustained national or international acclaim and that their achievements have been recognized in the field of expertise. In determining whether you have enjoyed “sustained” national or international acclaim, immigration officers must be convinced that such acclaim is uninterrupted and ongoing. If you were recognized for a particular achievement several years ago, you must have maintained a comparable level of acclaim in the field of expertise since you were originally afforded that recognition.

Depending on the nature of the acclaim, a one-time major achievement, such as a Nobel Prize, might satisfy this requirement, provided it is probative of the fact that you have reached the summit of your occupation. In the absence of such a major, international recognized award, however, you may not rely solely on your past achievements to establish your eligibility for classification as an alien of extraordinary ability.

 

Criteria

If you receive a major internationally recognized award, such as a Nobel Prize, you will qualify for an EB-1 classification. Other awards may also qualify if you can document that the award is in the same class as a Nobel Prize. Since few workers receive Nobel Prizes or similar awards, alternative evidence of EB-1(A) classification is permitted, based on at least three of the types of evidence outlined below. The worker may submit “other comparable evidence” if the following criteria do not apply:

  1. Receipt of lesser nationally or internationally recognized prizes or awards for excellence.
  2. Membership in associations in the field which demand outstanding achievement of their members;
  3. Published material about the alien in professional or major trade publications or other major media;
  4. Evidence that the alien has judged the work of others, either individually or on a panel;
  5. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
  6. Evidence of the alien's 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. Performance of a leading or critical role in distinguished organizations;
  9. Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field;
  10. Evidence of commercial successes in the performing arts.

Help with EB-1(A) Immigration

D.Ray Mantle assists individuals of extraordinary ability in obtaining positive immigration results in a timely, personal, and professional manner. Your individual circumstances are carefully reviewed by an experienced immigration attorney to determine which options are available to you. Mr. Mantle provides guidance and help in gathering the necessary information and documents for your case, prepares all of the necessary documents, and also ensures that your final application meets all government requirements.

If you would like to understand more about the application process and to find out if you qualify for a green card based on your extraordinary achievements, please contact D.Ray Mantle for a consultation.