Introduction

A subset of the EB-1 Priority Worker immigrant Category. This category is referred to as EB-1(A).

Extraordinary Ability Petitions Defined

INA section 203(b)(1)(a) Extraordinary Ability - An alien is described in this subparagraph if -

(i) 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,

(ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and

(iii) the alien's entry into the United States will substantially benefit prospectively the United States.

Comments

The regulations provide a detailed list of the types of evidence the CIS will need to decide in the petitioner's favor. Merely having the evidence is generally insufficient as a qualitative analysis is applied to determine if the evidence is persuasive.

Benefits

The immigrant is allowed to self petition,

No employer is needed and no labor certification,

No wait for a visa number, generally even long backlogged countries of origin such as India and China are current,

Normally concurrent filing with other applications will result in early work authorization for the beneficiary and family members.

Difficulties

Adjudications are somewhat subjective - the beneficiary must be "one of that small percentage who have risen to the very top of the field of endeavor" a standard that has no fixed criteria,

Complex cases with no clear path to success,

High level of client involvement is nearly always necessary.

Cautions

The Extraordinary Ability immigrant category is very similar to the O-1 Outstanding Ability non immigrant category, but the structure of the cases and certain aspects of the proof do differ.

Approval in either the Extraordinary Ability or Outstanding Ability category does not guarantee approval in the other.

Any prior stay in J-1 status must be analyzed to determine if there is a two year home residency requirement.

Planning your case well ahead of time is very important. Even if you are a first year post-doc fellow, it is not too early to plan for the eventuality of filing an Outstanding Researcher petition.

Additional information on creating a successful Extraordinary Ability case will discuss the characteristics of both approved and denied petitions in this category.