EB-1A is an immigration visa petition under the employment-based first preference where labor certification is not required. It is designed for an alien of extraordinary ability. Extraordinary ability means that such an alien has risen to the very top of his or her specialized field. To prove it, an applicant must show that he or she has gained sustained national or international acclaim and recognized achievements in his or her field such as sciences, arts, business, education or athletics. An applicant must also show that he or she will enter the U.S. to continue working in the field and that his or her work will substantially benefit the U.S.
To prove sustained national or international acclaim or recognized achievements, an applicant can show one time achievement such as a major international or national recognized award or prize such as Nobel Prize, or a similar prize in his or her country. Alternatively, an applicant can show that he or she is qualified for at least three of the following criteria: (1) receipt of lesser nationally or internationally recognized prizes or awards for excellence; (2) membership in associations that require outstanding achievements of their members; (3) published materials in professional publications about alien; (4) participation as judge for others’ work; (5) original contributions of major significance to her field; (6) authorship of published scholarly, scientific, artistic, or athletic articles, books, or book chapters; (7) artistic exhibitions or showcases; (8) critical/leading role in organizations with a distinguished reputation; (9) command of high remuneration or salary; (10) commercial successes in performing arts shown by box office receipts, record, cassette, compact disk, or video sales.
Recommendation letters and a well-drafted attorney's petition letter play a critical role. In addition, a well-organized index along with supportive and objective evidence will make a case easy to understand and smooth to get approved.
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