Law Office of Kelly S. Wachs

EB-1-Aliens of Extraordinary Ability in the Sciences, Arts, Athletics and Businesses

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EB1 Visa

One way to meet the standard for obtaining an EB-1 visa is to show proof of receipt of a major, internationally recognized award. The second way is to meet the requirements set forth in the CIS regulations, which state that a petitioner must meet at least three of the following ten standards:

  1. Receipt of a lesser nationally or internationally recognized prize for achievement in your field. This could include a medical fellowship, a Fulbright award, or a Caldecott award.

     

  2. Membership in associations in your field that require "outstanding achievement" of their members. Associations that are open to all members of a given profession can be considered, but associations that limit membership to only the most accomplished members of the profession are certainly more valuable.

     

  3. Material published about you in major trade publications or other major media. The material must concern your work in the field. Publications could range from journals specific to your field to major newspapers.

     

  4. Serving as a judge of others in your field either individually or on a panel. Participating in the peer review process of an academic article or acting as a member of a thesis review committee.

     

  5. Original, scientific, scholarly, artistic, athletic, or business-related contributions of major significance in your field. The CIS will base its judgment of your contribution on the testimonial letters that others in the field submit. So letters from experts in your field who consider your contributions original and significant will satisfy this requirement.

     

  6. Authorship of scholarly articles in your field. This refers to articles that you wrote concerning your work rather than material written about you by others, as is the case with standard 3 above. Again, the publications can range from major trade journals to mass media.

     

  7. Display of your work in exhibitions or showcases.

     

  8. Performing a critical or leading role for organizations that have a distinguished reputation. This could be acting as curator for a prestigious museum or serving as an essential researcher for an important laboratory.

     

  9. Commanding a high salary in your field. The regulation requires that your salary or remuneration be high in relation to others in the field.

     

  10. Commercial success in the performing arts. This can be demonstrated by box office receipts from your films or plays, sales of your record, or selling your video documentary to a network for a notable sum.

Satisfying three out of the ten criteria does not guarantee that the CIS will grant you EB-1-1 classification as an alien of extraordinary ability. The CIS looks for quality as well as quantity.

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