Aliens of Extraordinary Ability (EB-1A)

• Aliens of Extraordinary Ability
• Who qualifies as an "Alien of Extraordinary Ability"?
• What are the filing procedures?
• How long does this process take?
• What are the advantages over the
  Labor Certification process?
• What are the disadvantages compared with the
  Labor Certification Process?
• Immigration Assistance

Aliens of Extraordinary Ability

"Aliens of extraordinary ability" (EB-1A) is an achievement-based opportunity for a green card.  This category is available for those individuals who have risen to the small percentage at the very top of his or her field. There is both a temporary version of this visa (called an O-1 visa) and a permanent (i.e., green card) version.

This page gives an overview of only the green card version of "aliens of extraordinary ability."  For temporary work visa options, please see our O-1 visa page. The eligibility for both the temporary and permanent options are similar, but are not exactly the same.

Qualifications of an Alien of Extraordinary Ability

Unless you have won a Nobel Prize, an Oscar, or a similar internationally recognized award, you must meet at least 3 of 10 alternative criteria:

• Lesser nationally or internationally recognized prizes or awards
• Membership in associations that require outstanding achievement (as judged by recognized experts)
• Significant published material (written by others) about you and your work
• Service as judge of the work of others in your field
• Major contributions to your field
• Scholarly articles or publications
• Artistic exhibitions or showcases
• Leading or critical role for distinguished organizations
• High salary or remuneration (compared to others in the field)
• Commercial success in performing arts

Note: You can also use "comparable evidence," but most achievements and awards fit within the existing criteria.

Procedures for Filing

This petition is filed using the Form I-140 Immigrant Petition for Alien Worker.  This petition and supporting documents are filed directly with the appropriate Service Center of the U.S. Citizenship and Immigration Services. You do not have to file anything with the Department of Labor.  You may also file your permanent residency application at the same time as your I-140 Petition, and receive work and travel authorization.

Processing Times

Processing times for this type of petition depend on the Service Center's case load, which can vary greatly over time.  Current processing times are estimated by all of the Service Centers, but those are just estimates.

Advantages Over the Labor Certification Process

The EB-1A category for aliens of extraordinary ability has the following advantages in obtaining a green card:

• Does not require a permanent job offer in the United States.
• Does not require a labor certification.
• Faster than the labor certification process. You can file your petition and your application to become a permanent resident at the same time.  (This is called "concurrent filing.")  In this way, you can obtain your work authorization and advance parole document (allowing you to travel internationally) much sooner than you could if you try to obtain your green card through the labor certification process.  You can also receive work and travel authorization for your spouse and children.
• More flexible than the labor certification process. Compared to the labor certification process, you may be able to change jobs much sooner and may be able to change to a much broader range of job opportunities.
• You can self-petition. That is, the petition does not require the signature of anyone at the university or company where you work. In fact, in some cases, you can even be self-employed. Over the years, Peng & Weber has obtained approvals for professors, postdocs, Ph.D. students, industry researchers, professional dancers, Qigong experts, athletes, artists, and others, many of whom did not have a permanent job offer with a U.S. employer.

Disadvantages Compared with the Labor Certification Process

There are some disadvantages of this process over the usual labor certification process:

• You have to be extraordinary – not just good. Not everyone qualifies.
• Can be less predictable than cases filed through the labor certification process, although the labor certification process is itself not always very predictable.

Immigration Assistance

For more information, you may want to view Peng & Weber's Frequently Asked Questions about Extraordinary Ability.  If you would like assistance in preparing your permanent residency petition, please contact Peng & Weber for a consultation or a free evaluation.