EB-1: Extraordinary Ability

If your occupation is in the sciences, arts, education, business, or athletics, and you "are one of the small percentage who have risen to the very top of your field", then you may be able to qualify under the "EB-1 Individuals with Extraordinary Ability" category, provided that you meet certain criteria.

The major advantage of this category is that you do not need to go through the Labor Certification (PERM) procedure, and you do not even need a U.S. company to "sponsor" you. Instead, you can self-petition. Further, this category is usually not backlogged, in terms of "priority date". Therefore, if one qualifies, this is usually an advantageous category to apply for U.S. Permanent Residency.

In order to make a case based on "extraordinary ability", you must have either (A) Received a major internationally recognized award, such as a Nobel Prize; OR, (B) satisfy at least three of the following criteria:

• Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor
• Membership in associations in the field which require outstanding achievements as judged by recognized national or international experts
• Published material about you in professional or major trade publications or other major media
• Participation on a panel or individually as a judge of the work of others in the field or an allied field
• Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field
• Authorship of scholarly articles in the field, in professional or major trade publications or other major media
• Display of your work at artistic exhibitions or showcases
• Evidence that you have performed in a leading or critical role for organizations or establishments that have a distinguished reputation
• Evidence that you have commanded a high salary or other high remuneration for services
• Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales
• Comparable evidence where the above standards do not readily apply

However, it is important to note that the USCIS must be satisfied that a case has been made that you "are one of the small percentage who have risen to the very top of your field," and the fact that you show three of these criteria, does not in itself establish that fact.

Antao & Chuang, Attorney at Law, has considerable experience in preparing petitions on behalf of individuals with extraordinary ability. In order to prepare one of these cases, our attorneys work with the petitioner to carefully document each element of the case, and will provide drafts of documents in collaboration with the petitioner.