Form I-140 Applications for Immigrants with Extraordinary Ability
- EB1 Applications –
8 CFR §204.5(h)(1) instructs that a noncitizen, or any person on behalf of the noncitizen, may file an I-140 visa petition for classification under INA 203(b)(1)(a) as an alien of extraordinary ability in the sciences, arts, education, business, or athletics.
Extraordinary Ability refers to a level of expertise where you are able to show that the noncitizen is one of that small percentage of people who have risen to the very top of their particular field of endeavor, and that the noncitizen has sustained national or international acclaim and that his or her achievements have been recognized in their field of expertise
To meet these requirements, one must show that:
- (i) the noncitizen has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,
- (ii) the noncitizen seeks to enter the United States to continue work in the area of their extraordinary ability, and
- the noncitizen’s entry into, or remaining in, the United States will substantially benefit the United States prospectively.
Moreover, in order to prove extraordinary ability, the noncitizen must meet at least three of the below ten criteria, or provide evidence of a one-time achievement, as well as providing evidence that they are continuing to work:
- Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
- Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
- Evidence that your work has been displayed at artistic exhibitions or showcases
- Evidence of your performance of a leading or critical role in distinguished organizations
- Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
- Evidence of your commercial successes in the performing arts
EB 1 applications require the submission of considerable evidence to show that the above criteria are met, including periodicals, affidavits from colleagues who are able to corroborate the information submitted in the application, the noncitizen’s curriculum vitae, etc. Please feel free to schedule a consultation with our office to discuss whether this is an appropriate immigration path for you.