Qualifications of EB1-A “Aliens with Extraordinary Ability “ — Have you Risen to the Very Top of your Endeavor?

by Victoria Chen, Esq., J.D.

Federal regulations define “extraordinary ability “ as a level of expertise indicating the individual is one of a small percentage who has risen to the very top of a particular field in the sciences, arts, education, business, and athletics.

Why Apply under the Category of EB1-A?

There are primarily two advantages of applying immigration benefits under the category of EB1-A.

A. No Labor Certification or Employer Sponsor is Required

Among the many advantages of the employment-based category EB1-A, first of all, a specific job offer is not required for a foreign person in this group, as long as the foreign person is entering the United States to continue work in the field in which he or she has extraordinary ability. So self-petition is allowed. Moreover, a labor certification not required. Obtaining a labor certification is a long and complicated process. EB1-A application therefore saves an applicant lots of time.

B. Visas for EB1-A are all Current

This is the benefit for all first preference employment-based categories. Immigrant visas remain immediately available for all countries in the first employment-based (EB-1) preference category. In its latest projections, the State Department has indicated that it is unlikely that there will be any cut-off dates in the EB-1 preference during the coming months. This makes substantial difference for people born in China or India.

What is “Very top of the Endeavor “?

“Extraordinary ability “ is defined as a level of expertise indicating that the foreign person is one of a small percentage who has risen to the very top of the field of endeavor and that the foreign person’s achievements have been recognized in the field of expertise. In addition, the foreign person has sustained national or international acclaim and that the foreign person’s achievements have been recognized in the field of expertise.

Tips to Define to the Field of Endeavor

A. Define your Field of Endeavor Narrowly With regard to the requirement that the foreign person represent a “small percentage “ who has risen to the “very of the field of endeavor “, the actual field of endeavor must be defined before determining whether the foreign person has extraordinary ability in that field. It is important to remember that if your field of endeavor is narrowly defined, it is more likely that you will have risen to the top of your field. Take one of our clients as an example. Mr. Li is a PhD student in the program of computer science, focusing his research on terahertz application. As a student, it is difficult to argue that Mr. Li has risen to the very top of the field of terahertz application given that he still needs instruction of his professor. However, Mr. Li had obtained his master’s degree in integrated circuit design and accumulated quite a few papers in this field. As a result, our firm successfully defined his field as a combination of terahertz and IC design, exploring the application of terahertz with integrated circuit. Accordingly, USCIS approved Mr. Li’s employment-based first preference immigrant visa as a priority worker of extraordinary ability where Mr. Li submitted evidence sufficient to demonstrate that he was among the top researchers in the field who combines the expertise of IC design and terahertz application. Had Mr. Li defined his field more broadly, such as “outstanding researcher in the field of terahertz application, “ his credibility as an expert in both fields would have been diminished.

B. Take Advantage of your Previous Education Background and Working Experience Most applicants seeking immigration benefits of EB1-A have received their bachelor’s or master’s degrees in their own country. Many of them have substantial working experience. These are essential in defining their endeavors in the applicant’s petition letter. By defining the filed narrowly and specifically, it is more convincing to argue that the applicant is one of few experts in the field and the applicant has risen to the very top of the endeavor.

from Chen Immigration Law Associates

North America Immigration Law Group (Chen Immigration Law Associates) is a U.S. immigration law firm dedicated to representing corporations, research institutions, and individuals from all 50 U.S. states regarding I-140 immigration petitions. We specialize in employment-based immigration petition and have a proven record of high success rate for the categories of: EB2-NIW (National Interest Waiver), EB1-A (Alien of Extraordinary Ability), EB1-B (Outstanding Researcher/Professor) and O-1 (Alien of Extraordinary Ability).

Our Ten Thousand I-140 Approvals Provide Unprecedented Insight into the USCIS Adjudication Trend

With more than 47,000 EB-1A, EB-1B, EB-2 NIW and O-1 cases approved, we have first hand information on the manner in which the USCIS adjudicate I-140 cases. As the USCIS has constantly changed its adjudication standards for the EB-1A, EB-1B and EB-2 NIW categories, our firm's huge database of successful cases gives you unprecedented insight to USCIS adjudication trends. We carefully analyze the data for all of our cases and apply the results of our analyses toward giving our clients up-to-date advice and adapting our strategies such that we remain on par with the ever-shifting landscape of immigration law in the U.S. With us, you will always have access to important updates, strategies, and information so that you can make the most informed decisions about your case.

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With our exceedingly large number of successful petitions, no matter what credentials you have, no matter your background and field of expertise, no matter your visa status or nationality, chances are we have helped hundreds or even thousands of clients just like you. Our clients are usually impressed with how well we understand their research and work. Our insight and understanding stems from the fact that we have handled many cases with elements similar to yours already, and this helps us devise the best strategies for each individual petition.

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For years, our firm has attracted new clients based solely on word of mouth, recommendations, and the positive collaboration experiences shared with them by their friends and family. We take pride in our reputation and work hard to ensure that we provide a green card application experience that our clients are happy to share with their friends and colleagues. That is how our approved cases grew from 600 in 2013 to over 47,000 in 2023.