Updated: July 31, 2020
BACK
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:
- 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 specification
[sic; ‘specialization’ is apparently meant]
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.
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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