TN Visa & Green Card

First Preference EB-1 Category - Extraordinary Ability Requirements


1. General Evidence Required:

A petition under the EB-1 category for Extraordinary Ability must be accompanied by evidence that the individual “has sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise.” INA § 203 (b) (1) (A); 8 C.F.R. § 204.5 (h) (3).

2. May Qualify Based on One-time Achievement:

Applicants may qualify for an EB-1 Extraordinary Ability green card based solely on a "one-time achievement." To qualify the one-time achievement must be "a major international recognized award, such as the Nobel Prize." 8 C.F.R. § 204.5 (h) (3); Adjudicator's Field Manual 22.2 (i) (1) (A).

3. May Qualify Based on Multiple Achievements:

As an alternative to qualifying for an EB-1 Extraordinary Ability green card based solely on a "one-time achievement," individuals may also qualify for a green card under this category by submitting evidence of "at least three" of the following:

a. Documentation of the receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.

b. Documentation of 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.

c. Published material about the individual in professional or major trade publications or other major media, relating to his or her work in the field for which classification is sought.

d. Evidence of participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought.

e. Evidence of the individual's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.

f. Evidence of the individual’s authorship of scholarly articles in the field, in professional or major trade publications or other major media.

g. Evidence of the display of the individual’s work in the field at artistic exhibitions or showcases.

h. Evidence that the individual has performed in a leading or critical role for organizations or establishments that have a distinguished reputation.

i. Evidence that the individual has commanded a high salary or other significantly high remuneration for services, in relation to others in the field.

j. 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) (3) (i) - (x).

4. Alternative Evidence:

If the above standards do not apply to an applicant's case, the government may allow the applicant to submit comparable evidence to establish his or her eligibility for an EB-1 Extraordinary Ability green card. 8 C.F.R. § 204.5 (h) (4). However, the government may require the applicant to explain why the standards described above do not apply to his or her case. Adjudicator's Field Manual 22.2 (i) (1) (A).

5. References:

Revised June 3, 2010.