EB1A Requirements – Official USCIS Criteria

I have started my in-depth research about EB1A green card right from the core. I studied what laws and regulations say and I pulled out the EB1A requirements and definitions here. I provide exact citations and links to the official sources.

Note: the text in italics is the exact citation from the official source.

Act 203 of Immigration and Nationality Act defines Employment-Based Immigrants (b) and its subcategory Priority workers (1). The fraction of Priority workers group includes Aliens with extraordinary ability (A) and is defined by following:

• the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,
• the alien seeks to enter the United States to continue work in the area of extraordinary ability, and
• the alien’s entry into the United States will substantially benefit prospectively the United States.

You can check this part of the law (203(b)(1)(A)) at USCIS website.

In addition, Title 8 of Code of Federal Regulations (8 CFR) provide this definition of alien with extraordinary ability:

Extraordinary ability means a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor.

Required Initial Evidence

This official source (8 CFR §204.5 (h)) further provides more details about initial evidence required for EB1A green card petition.

A petition for an alien of extraordinary ability must be accompanied by evidence that the alien has sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise. Such evidence shall include evidence of a one-time achievement (that is, a major, internationally recognized award), or at least three of the following:

• Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
• 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;
• 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;
• 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 specialization for which classification is sought;
• Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
• Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media;
• Evidence of the display of the alien’s work in the field at artistic exhibitions or showcases;
• Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
• Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or
• Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

Check these EB1A requirements at USCIS official source here: 8 CFR §204.5 (h).

No offer of employment required, but…

8 CFR §204.5 (h) further requires evidence regarding prospective employment.

Neither an offer for employment in the United States nor a labor certification is required for this classification; however, the petition must be accompanied by clear evidence that the alien is coming to the United States to continue work in the area of expertise. Such evidence may include letter(s) from prospective employer(s), evidence of prearranged commitments such as contracts, or a statement from the beneficiary detailing plans on how he or she intends to continue his or her work in the United States.

In this blog post, I just summarized EB1A requirements given by law published at USCIS website. However, in the future posts, I plan to dig deeper and describe each EB1A criterion in details.

Let me know in comments below this blog post if you have any suggestions or questions. Thank you!