Legal Requirements:
The Immigration Act of 1990 created
an employment-based immigration category for individuals
considered "Aliens of Extraordinary Ability" (EB1A). In
order to qualify as an Eb1A, an individual must provide
documents to prove that he/she is at the very top of the
field. While USCIS regulations specifically list fields
of endeavor in the sciences, arts, education, business,
or athletics, they have also exercised broad
interpretation of how specific occupations fit into
these fields.
No offer of employment required. It can be a
Self-Petition. Post-graduate researcher and Ph.D.
students may apply.
Evidence:
A one-time major, international recognized award
Or at least three of the following
(1)-- Documentation of the alien's receipt of lesser
nationally or internationally recognized prizes or
awards for excellence in the field of endeavor
(2)--Documentation of the alien's membership in
associations in the field for which classification is
sought, which require outstanding achievements of their
members, as judged by recognized national or
international experts in their disciplines or fields
(3)-- Published material about the alien in professional
or major trade publications or other major media,
relating to the alien's work in the field for which
classification is sought. Such evidence shall include
the title, date, and author of the material, and any
necessary translation
(4)-- Evidence of the alien's participation, either
individually or on a panel, as a judge of the work of
others in the same or an allied field of specification
for which classification is sought
(5)-- Evidence of the alien's original scientific,
scholarly, artistic, athletic, or business-related
contributions of major significance in the field
(6)--Evidence of the alien's authorship of scholarly
articles in the field, in professional or major trade
publications or other major media
(7)-- Evidence of the display of the alien's work in the
field at artistic exhibitions or showcases
(8)-- Evidence that the alien has performed in a leading
or critical role for organizations or establishments
that have a distinguished reputation
EB1A Document Preparation Suggestions
Based on our approved EB1A applications, the following
documents support an EB1A application:
Awards bestowed by a national level agency such as the
Ministry of Education, the National Science and
Technology Committee. Awards received from foreign
countries can be used as evidence
Membership based on some selective standard that
requires proven achievements, such as Senior member or
Fellow of a professional organization
Newspaper report or major online news report, review
citations discuss or critique the alien applicant's
actual research
Participation as a conference program committee member
or as a speaker on a panel at an international
conference can be used in this criterion. Review of
grants and articles for international peer-reviewed
journals can also be used, but not if the request has
been passed down from a supervising professor or
principal investigator.
Publications should be in peer-reviewed academic
journals. Introduction of the reputation, circulation
areas and the impact factor of the journals are
supportive. It is permissible for an alien to co-author
articles, and there is no requirement that the alien
must be first-author.
Professional conference presentations, including oral,
abstract, poster presentations. Introduction of the
scope of the attendance and the reputation of the
organizer of the conferences are supportive.
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