Gudeon and McFadden
Aliens of Extraordinary Ability and Problems of Proof
 
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Updated: September 19, 2017

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EVIDENTIARY CRITERIA FOR EB-1-1 IMMIGRANT VISA
AS AN ‘ALIEN OF EXTRAORDINARY ABILITY’

8 C.F.R. § 204.5(h)(2)

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 endeavour.

8 C.F.R. § 204.5(h)(3)

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, international [sic] recognized award), or at least three of the following:

  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 [sic; ‘specialization’ is apparently meant] 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.

8 C.F.R. § 204.5(h)(4)

If the above standards do not readily apply to the beneficiary’s occupation, the petitioner may submit comparable evidence to establish the beneficiary’s eligibility.

 

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