EB1 Extraordinary Ability Requirements

You may be eligible for a U.S. work Visa if you have extraordinary ability, qualify as an outstanding professor or researcher, or are an executive or manager.

In this blog, our US Immigration Lawyers focus on the USCIS definition of extraordinary ability for the EB1 Visa.

Contact Our US Immigration Lawyers Today For Help With Your EB1 Visa Application.

What is the extraordinary ability requirement for an EB1 Visa?

USCIS defines extraordinary ability as being able to ‘’demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.’’

That definition is relatively meaningless until you read what evidence USCIS expects you to produce to prove you are an EB1 Visa applicant with extraordinary ability.

The USCIS guidelines say you must either:

1. Meet three of the ten specified criteria or
2. Provide evidence of a one-time achievement.

You must also show that you will be working in your area of expertise. However, to secure an EB1 Visa through extraordinary ability, you do not require an offer of a job or a labour certification.

Evidence of a one-time achievement typically involves being the recipient of a prestigious award relevant to the area of extraordinary ability.

The ten criteria to demonstrate extraordinary ability

If you have not won an international award and therefore do not automatically meet the extraordinary ability test, you can qualify for an EB1 Visa  on your extraordinary ability if you meet at least three of these ten criteria:

1. Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence.
2. Evidence of membership in associations in the field that require outstanding achievement from their members.
3. Provide evidence of published material about you in professional or major trade publications or other major media.
4. Evidence that you have been asked to judge the work of others, either individually or on a panel of judges.
5. Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field.
6. Evidence of your authorship of scholarly articles in professional or major trade publications or other major media.
7. Evidence that your work has been displayed at artistic exhibitions or showcases.
8. Evidence of your performance in a leading or critical role in distinguished organizations.
9. Evidence that you command a high salary or other significantly high remuneration in relation to others in the field.
10. Evidence of your commercial successes in the performing arts.

If you do not readily fit these ten criteria, the U.S. immigration rules allow you to submit comparable evidence. US Immigration lawyers can provide specialist immigration legal advice on the evidence you need to meet three of the ten criteria or acceptable comparable ones.

EB1 Visa applicants of extraordinary ability must substantially benefit the United States

To qualify as an EB1 Visa applicant with extraordinary ability, the US entry must substantially benefit the United States in the future. This has been interpreted broadly, but applicants of extraordinary ability may require immigration legal advice about how they fit this requirement and the evidence they need to produce to secure their Work Visa.

The USCIS policy on extraordinary ability is in Volume 6, Part F, Chapter 2 of the USCIS Policy Manual.

Alternative routes to the EB1 Visa

If you think you do not fall within the extraordinary ability category, it's best to speak to an EB1 Visa Lawyer. They will explain the category and criteria and talk to you about your achievements. For example, you may think that an article was not sufficiently academic to meet one of the criteria, but your US Immigration Attorney may disagree based on their expertise and experience of securing US Work Visas.

If you do not come within the extraordinary ability category for an EB1 Visa, you can still qualify if you are:

1. An outstanding professor or researcher, or
2. A manager or executive.

Professors and researchers' criteria for an EB1 Visa

Professors and researchers must:

1. Demonstrate international recognition for their outstanding achievements in a particular academic field.
2. Have at least three years of experience in teaching or research in that academic area.
3. Be entering the U.S. to pursue tenure or tenure track teaching or a comparable research position at a university, institution of higher education, or private employer.
4. Meet at least two of the six specific criteria.
5. Have an offer of employment from their prospective U.S. employer. A private employer must show documented accomplishments and employ at least three full-time researchers.

The six specific criteria for professors and researchers are:

1. Evidence of receipt of major prizes or awards for outstanding achievement.
2. Evidence of membership in associations that require their members to demonstrate outstanding achievement.
3. Evidence of published material in professional publications written by others about the EB1 Visa applicant’s work in the academic field.
4. Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field.
5. Evidence of original scientific or scholarly research contributions in the field.
6. Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.

Applicants applying under the professor or researcher route must meet at least two of these six criteria and all the first five criteria set out above. However, no labor certification is necessary.

Managers' and executives' criteria for an EB1 Visa

If you are a manager or executive, the EB1 Visa immigration rules say that to qualify for the visa:

1. You must have been employed outside the United States for at least one year in the three years preceding the petition or the most recent lawful nonimmigrant admission if you are already working for the US petitioning employer.
2. The U.S. employer must have been doing business for at least one year and have a qualifying relationship with the employer you worked for outside the U.S.
3. The job must be either managerial or in an executive capacity.

EB1 Visa Lawyers

At OTS Solicitors, we specialise in providing expert EB1 Visa advice to employers and employees to help the visa application process proceed as smoothly as possible by ensuring you apply for the right visa to meet your circumstances and that your application is supported by compelling evidence.

Contact Our US Immigration Lawyers Today For Help With Your EB1 Visa Application.

Appointments are available for phone or online consultations or at our offices in London.