The immigration service determines eligibility for an EB-1A green card through a rigorous evaluation of whether the applicant has “extraordinary ability” in their field.
Navigating the waters of EB-1A can be a daunting, complex process. That’s why our attorneys at The Alagiri Immigration Law Firm are taking the time to answer some Frequently Asked Questions about EB-1A visas.
One of the most common questions our clients ask is whether they are eligible for the EB-1A green card category. In general, EB-1A applicants need to provide evidence in three major categories (laid out by USCIS) to be eligible for an EB-1A.
1. Evidence of Extraordinary Abilities in Specific Fields
The EB-1A green card is reserved for individuals who have achieved extraordinary success in education, athletics, the arts, business, or sciences. We have assisted numerous successful EB-1A candidates who demonstrated exceptional achievements in various fields.
For instance, we have worked with scientists, doctors, software developers, artists, and entrepreneurs.
Recently, we supported a surgeon who won prestigious awards, a research scientist who played a critical role in his organization, and an engineer who made unique contributions to his field.
Additionally, we filed cases and received approvals within weeks. For example, we submitted a case in U.S. Federal Court and obtained approval shortly after our response.
What, then, is considered substantial evidence of extraordinary abilities?
USCIS requires that applicants must show evidence (documentation, letters, receipts, etc.) for at least 3 out of the following 10 pieces of criteria:
- International or nationally recognized awards or prizes for excellence: Ex: Nobel Prize, Olympic Medal, Pulitzer Prize, an Oscar, etc.
- Membership to associations or organizations in your field that require notable achievements or success in order to become a member.
- Published material that discusses you and your vocational endeavors or achievements in professional journals, influential or reputable trade publications, or other major media formats.
- Served as or currently serves as a judge for the work of others in your field: Either as an individual or on a panel.
- Original business, athletic, scientific, scholarly, or artistic contributions of value or significance to the field.
- Authorship: Published works, books, scholarly articles in professional journals, major trade publications, and/or major media formats.
- Work that has been presented or is currently on display at art showcases or exhibitions.
- Performs a leading or crucial role in distinguished or prominent organizations.
- Commands a comparably high salary to other experts in the field: pay stubs, employment offer letter, etc.
- Proof of commercial achievement in the performing arts: Entertainment sales, ticket sales, box office success metrics, etc.
Note: Applicants for the EB-1A green card who provide evidence of a major, one-time achievement—such as a Nobel Prize, Olympic Medal, Oscar, or Pulitzer Prize—do not need to provide additional evidence.
2. Supporting Documentation for Your Extraordinary Abilities
As an EB-1A applicant, you need to show national or international recognition in your field. This is typically done through documentation of your awards, membership in esteemed organizations, media coverage, and/or endorsements from important figures in your field.
Additionally, a critical part of your application is reference letters (also known as support letters, recommendation letters, or testimonial letters). These letters describe your accomplishments and their impact in your field. According to USCIS, explaining the impact shows that it was significant, which is an EB-1A requirement. Therefore, we usually recommend obtaining at least 7 letters.
Moreover, reference letters should come from renowned individuals who know your work, not just co-workers. Specifically, one letter must be from your supervisor, detailing your critical role in the organization.
Furthermore, our firm assists in selecting and drafting these reference letters.
Finally, include photocopies of your awards, award selection criteria, membership by-laws, and publication excerpts. We don’t rely solely on Google Scholar citations; high citation counts may not be necessary for every field.
3. Show Intent to Continue work in The Field
USCIS regulations require that applicants for EB-1A green cards show intent to continue working in their field of expertise and recognition. This requires EB-1A applicants to demonstrate a history of having worked in their field. We at The Alagiri Immigration Law Firm can also help you determine what would be your field.
For more information on eligibility criteria, be sure to visit these helpful resources on USCIS.gov:
How Our EB-1A Immigration Law Firm Can Help
Our EB-1 immigration lawyers have a thorough understanding of U.S. immigration laws and are well-versed in the EB-1A requirements.
We have worked with some of the top percentages of high-performing individuals in these fields, from scientists to artists. The EB-1A category benefits Indian citizens due to significant backlogs in other employment-based green card categories.
For questions about EB-1A green cards or application assistance, contact The Alagiri Immigration Law Firm.
