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Aliens with 'extraordinary ability' in the arts, sciences, education, business and athletics
The Alien of Extraordinary ability category is, in effect, reserved for that small percentage who has risen to the very top of their field of endeavor. This subcategory covers aliens possessing extraordinary ability in the sciences, arts, education, business or athletics. The extraordinary ability subcategory does not require a specific job offer, so long as the alien states that he/she will continue to work in the field of their extraordinary ability in the US. This means that the alien may file a petition on his/her own behalf, rather than having an employer file for them.
United States Citizenship and Immigration Services (USCIS) regulations define extraordinary ability as a "level of expertise indicating that the individual is one of those few who have risen to the top of the field of endeavor." In order to show that an alien has "extraordinary ability", the alien must show three of the following ten types of evidence:
- Receipt of lesser national or international prizes or awards for excellence in their field of endeavor
- Membership in associations in the field of endeavor that require outstanding achievements of their members
- Published material about the alien and his work in professional journals, trade publications, or the major media
- Participation, either in a group or alone, as a judge of others in the same or a similar field
- Original scientific, scholarly, or artistic contributions of major significance in the field of endeavor
- Authorship of scholarly articles in the field, published in professional journals or the major media
- Display of the alien's work at artistic exhibitions or showcases in more than one country
- Performance in a lead, starring, or critical role for organizations with a distinguished reputation
- Commanding a high salary compared to others in the field
- Commercial success in the performing arts, as shown by box office receipts and sales
The EB-1 is a good option for those applicants who do not wish to file for labor certification (PERM). Only the "alien of extraordinary ability may sponsor his or herself.
The EB-1 alien of extraordinary ability or outstanding researcher is a great way to avoid the arduous PERM process; however, it must be done correctly to prevent a dreaded "request for evidence" issued by USCIS. The Fleischer Law Firm LLC has developed a strong strategy for obtaining a successful alien of extraordinary or outstanding researcher petition.
When a researcher, physician, scientist or other qualifying professional files an EB-1 petition, there is rarely, if ever an "interview" with an USCIS adjudicator. Therefore, the Fleischer Law Firm requires all of their clients to write a "personal statement" in support of their petition. This person statement is a chance for an applicant to "speak" to the adjudicating officer; it is not a time to be shy or modest, but to fully demonstrate your qualifications and achievements as one of the top professionals in your field. While using language a lay person could understand (i.e. minimal scientific or field-specific jargon), a successful applicant should clearly elucidate the applicants IMPACT on his or her field, and how the applicant's work relates to the criteria listed above.
The Fleischer Law Firm LLC has been success in obtaining Alien of Extraordinary Ability petitions for dancers, doctors, businessmen, scientists, researchers, athletes, artists and other occupations.
Our years of experience have helped us collect a plethora of successful sample personal statements and letters of recommendation which have helped scholars and researchers obtain EB-1 "Alien of Extraordinary" petitions from:
- University of Cincinnati (Cincinnati, OH)
- Ohio State University (Columbus, OH)
- University of Kentucky (Lexington, KY)
- University of Louisville (Louisville, KY)
- Duke University (Durham, NC)
- Wayne State University (Detroit, MI)
- Harvard University and Massachusetts Institute of Technology (Boston, MA)
- Virginia Tech University (Blacksburg, VA)
- University of Virginia (Charlottesville, VA)
- Tulane University (New Orleans, LA)
- Indiana University (Bloomington, IN)
- University of Chicago (Chicago, Illinois)
- Ohio University (Athens, Ohio)
- Wilberforce University and Central State University (Wilberforce, OH)
- Northern Kentucky University, (Highland Heights, Kentucky)
- Purdue University (West Lafayette, Indiana)
- University of San Francisco (San Francisco, California)
- University of California - Berkeley (Berkeley, California)
- University of Massachusetts-Dartmouth (Dartmouth, Massachusetts)
- Indiana State University (Terre Haute, Indiana)
- Florida State University (Tallahassee, Florida)
- University of Arkansas (Fayetteville, Arkansas)
- Iowa State University (Ames, Iowa)
- West Virginia University (Morgantown, West Virginia)
- New York University (New York City, New York)
- Manhattan University (New York City, New York)
- University of Colorado(Boulder, Colorado)
- University of Texas (Austin, Texas)
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