EB-1A ALIEN OF EXTRAORDINARY ABILITY

 

This is a category that is very difficult to fit into, however, it would be imperative for you to seek out the help of an experienced Boston immigration attorney. A skilled EB-1A immigration attorney will be able to analyze your case and figure out the best way to proceed with your case or recommend the best next steps in order for you to successfully apply for an EB-1A in the future.

 

Additionally, at the very beginning of this process, an alien must have an “extraordinary” ability in any of the following areas of science, arts, education, business or athletics.

 

The regulation for proving extraordinary ability are extremely difficult and require evidence to show that the alien has received and sustained recognition at either the national or international level for his/her extraordinary ability.  If an applicant has received a onetime major internationally recognized award they will be immediately file for an green card through the EB-1A category.  However, absent such an award, the immigration regulations provide a set of 10 criterions and at least 3 of them must be met or an explanation provided, with supporting documentation of why the criteria does not apply to them.

The following criteria if the alien did not receive an internationally recognized award. The following information is a summary taken directly from the USCIS.gov instructions form for an Alien of Extraordinary Ability:

 

The 10 Criteria:

 

1. Supporting evidence of the alien’s receipt of a lesser nationally or internationally award for acclaim in his/her particular field.

2. The alien must establish membership in associations in their field which require outstanding achievements as judged by experts in their field.

3. The alien has been recognized for his/her achievements in major professional/trade publications or major media.

4. The alien must provide documentation that he/she was part of panel that has judged the work of others in their field.

5. Evidence of major contributions the aliens original, scientific, business, artistic or athletic related contribution to their field.

6. Documentation evidence of the alien’s articles in major area relating publications or other major media.

7. Provide documentation of the Alien’s work was displayed at artistic exhibitions/showcases.

8. Provide supporting evidence that the applicant has performed a leading or critical role for an organization(s) with a distinguished reputation(s).

9. Documentation evidence that the Alien has commanded a high salary or high remuneration for his/her ability as related to other in his/her field.

10. Provide documentation evidence of commercial success in the performing arts as shown by box office receipts or record, music and video sales etc.

 

• If the above criteria do not readily apply to the alien’s field, comparative evidence may be applied. However, you should consult a skilled Boston Immigration attorney.

• Additionally, the alien must establish that they will continue to pursue their area once they come to the USA and receive their EB-1A approval.

 

Massachusetts EB-1A Immigration Attorney 

 

This office has had the honor to work with athletes in this area and it is a process that cannot be taken on lightly and requires a lot of creativity, hard work and focus. Contact a Lowell EB-1 Attorney online today, or call 978-566-1075.