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EB-1 Extraordinary Ability - Law Office of Lani Cao

EB-1 Extraordinary Ability

A foreign national, or an employer on behalf of the foreign national, may file an I-140 Employment-Based First Preference (EB-1) petition for classification as an Alien of Extraordinary Ability in the sciences, arts, education, business, or athletics. An EB-1 Extraordinary Ability petition must be accompanied by evidence that the foreign national has sustained national or international acclaim and that s/he is one of a small percentage who has risen to the very top of the field of endeavor.

Such evidence includes:

• Evidence of a one-time major internationally recognized achievement (e.g. Nobel Prize, Academy Award, or Olympic Gold Medal).

OR at least three (3) of the following:

• Lesser nationally or internationally recognized prizes or awards: Documentation of the foreign national’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.

• Membership in associations: Documentation of the foreign national’s membership in associations in the field of endeavor, which require outstanding achievements of their members.

• Published materials: Documentation that the foreign national has appeared in professional or major trade publications or other major media relating to the field of endeavor.

• Judge of the work of others: Documentation of the foreign national’s participation, either individually or on a panel, as a judge of the work of others in the same or similar field of endeavor.

• Contributions of major significance: Documentation of the foreign national’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field of endeavor.

• Authorship of scholarly articles: Documentation of the foreign national’s authorship of scholarly articles in the field in professional or major trade publications or other major media.

• Display of work: Documentation of the foreign national’s work in the field at artistic exhibitions or showcases.

• Leading or critical role: Documentation that the foreign national has performed in a leading or critical role for organizations or establishments that have a distinguished reputation.

• High salary or remuneration: Documentation that the foreign national has commanded a high salary or other significantly high remuneration for services, in relation to others in the field.

• Commercial successes: Documentation of the foreign national’s commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

Comparable evidence: If the above requirements do not readily apply to the foreign national’s occupation, comparable evidence may be submitted to establish the foreign national’s eligibility.

*To determine whether you qualify for an EB-1 Extraordinary Ability petition, please contact our office for an initial assessment.

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