Extraordinary Ability Petitions

Aliens of Extraordinary Ability may be eligible for a First Employment-Based Preference (EB1-EA or EB1A). A Green Card applicant with extraordinary ability in the arts, sciences, education, business or athletics is eligible for treatment as a priority worker in the EB1 immigration category

The regulations specifically provide that a petition may be filed by anyone, stating “[a]n alien, or any person on behalf of the alien, may file an I-140 visa petition for classification under section 203(b)(1)(A) of the Act as an alien of extraordinary ability in the sciences, arts, education, business, or athletics.”

Frequently Asked Questions

Who are Individuals of Extraordinary Ability?

This refers to people who have outstanding qualifications in the sciences, arts, education, business, or athletics.

• Applicants must have extensive documentation showing sustained national or international acclaim in their field or
• A degree or expertise significantly above that of others in their field

What are the Requirements to be an Individual of Extraordinary Ability?

• The field involve the sciences, art, education, business or athletics
• The applicant must have received sustained national or international acclaim in the form of either:
  1. Receipt of a major one-time achievement award (such as a Nobel Prize, Olympic Gold Medal, Academy Award)
  2. Or at least three of the following:
  • Receipt of lesser nationally/internationally recognized prizes/awards for excellence in a field
  • Membership in associations in the field which require outstanding achievements in a field as judged by recognized experts in the field;
  • Publication in major, recognized publications about the work
  • Participation as a judge of others in the field
  • Major original contributions to the field
  • Authorship of scholarly articles in the field published in major publications;
  • Display of the work in exhibitions or showcases;
  • Playing critical role for distinguished organization
  • Commanded very high salary compared to others in your field;
  • Commercial success in the performing arts.