Is a job offer or labor certification required for EB-1A?

EB-1A does not necessitate a job offer or labor certification; however, the criteria for this category are exceptionally stringent. It is tailored for individuals who rank at the apex of their respective fields.

Is this category applicable to all fields of work?

Although USCIS regulations enumerate fields such as sciences, arts, education, business, or athletics, they have demonstrated broad interpretive latitude in assessing how specific occupations align with these categories; for instance, even animal trainers meeting extraordinary ability criteria have been recognized in “the arts.”

What are the eligibility criteria?

To qualify as an “Alien of Extraordinary Ability,” an individual must demonstrate either a singular achievement (like receiving a prestigious, internationally recognized award such as the Nobel Prize or an Olympic Medal) or, more commonly, meet at least three of the following criteria:

• Receipt of lesser nationally and internationally recognized awards for excellence in the field
• Membership in associations in the field requiring outstanding achievements, as evaluated by field experts
• Coverage in professional publications or major media
• Participation as a judge in the field
• Significant contributions in the field
• Authorship of scholarly articles
• Display of work at exhibitions or showcases
• Leadership in distinguished organizations
• High salary or significant remuneration
• Commercial success in performing arts

Additionally, USCIS may consider other types of documentation if the mentioned factors are not directly applicable to the individual’s expertise.

What evidence is necessary?

Evidence requirements vary based on the applicant’s field and the criteria met. Documentation should support all claims with concrete evidence. For instance, evidence of “authorship of scholarly articles” would include published articles or books, along with indications of the field’s reception (citations, reviews, etc.). Peer letters supporting the applicant’s claims are crucial, including references from individuals outside their immediate circle.

How long does processing take? Is expedited service available?

Approval for an Extraordinary Ability petition (Form I-140) typically takes 6-8 months from submission. Expedited service, known as “Premium Processing,” is available for an additional fee of $2,500, guaranteeing a decision within 15 days.

Is there a temporary visa equivalent?

The O-1 visa serves as a temporary employment option and is often a precursor to pursuing permanent residency based on Extraordinary Ability.

What further actions can I take to strengthen my case?

Besides submitting your documents and outlining your area of expertise, there are several steps you can take to improve your chances of success, especially if you are a researcher/academic. See a list of resources here.