Immigrant Visas for Alien with Extraordinary Ability (EB-1A)

The EB-1A immigrant visa is for individuals who can demonstrate extraordinary ability in the sciences, arts, education, business, or athletics. This is one of the few employment-based immigrant categories that allows for self-petition—meaning you do not need an employer sponsor. Applicants must show that they are among the small percentage at the very top of their field, with sustained national or international acclaim.

Self-Petitioners

A petition filed on behalf of a person with extraordinary ability does not need to be supported by a job offer; therefore, anyone can file the petition on behalf of the person, including the alien who may file as a self-petitioner. The person must still demonstrate, however, that he or she intends to continue work in the area of his or her extraordinary ability and that his or her work will substantially benefit the United States in the future.

1. Sustained National or International Acclaim

When filing a petition for a person with extraordinary ability, the petitioner must submit evidence that the person has sustained national or international acclaim and that the person’s achievements have been recognized in the field of expertise. In determining whether the beneficiary has enjoyed “sustained” national or international acclaim, the officer should consider that such acclaim must be maintained. However, the term sustained does not imply an age limit on the beneficiary. A beneficiary may be very young or early in his or her career and still be able to show sustained acclaim. There is also no definitive time frame on what constitutes sustained.

If a person was recognized for a particular achievement, the officer should determine whether the person continues to maintain a comparable level of acclaim in the field of expertise since the person was originally afforded that recognition. A person may, for example, have achieved national or international acclaim in the past but then failed to maintain a comparable level of acclaim thereafter.

2. Continuing to Work in the Area of Expertise

To qualify as a person with extraordinary ability, the beneficiary must intend to continue to work in the area of his or her expertise.

The officer may encounter instances where it is difficult to determine whether the person’s intended employment falls sufficiently within the bounds of his or her area of extraordinary ability. Some of the most problematic cases are those in which the beneficiary’s sustained national or international acclaim is based on his or her abilities as an athlete, but the beneficiary’s intent is to come to the United States and be employed as an athletic coach or manager. Competitive athletics and coaching rely on different sets of skills and in general are not in the same area of expertise. However, many extraordinary athletes have gone on to be extraordinary coaches.

Therefore, in general, if a beneficiary has clearly achieved recent national or international acclaim as an athlete and has sustained that acclaim in the field of coaching or managing at a national level, officers can consider the totality of the evidence as establishing an overall pattern of sustained acclaim and extraordinary ability such that USCIS can conclude that coaching is within the beneficiary’s area of expertise.

Where the beneficiary has had an extended period of time to establish his or her reputation as a coach beyond the years in which he or she had sustained national or international acclaim as an athlete, depending on the specific facts, officers may place heavier, or exclusive, weight on the evidence of the beneficiary’s achievements as a coach or a manager.

USCIS does not consider a male athlete who has gained the necessary acclaim in men’s sports and seeks to compete in women’s sports in the United States to be seeking to continue work in his area of extraordinary ability.

3. Entry to Substantially Benefit the United States

To qualify as a person with extraordinary ability, the person’s entry must substantially benefit the United States in the future. Although neither the statute nor the regulations specifically define the statutory phrase “substantially benefit,” it has been interpreted broadly.

Whether the petitioner demonstrates that the person’s employment meets this requirement requires a fact-dependent assessment of the case. In some cases, a Request for Evidence (RFE) may be appropriate if an officer is not yet satisfied that the petitioner has met this requirement. There is no standard rule as to what will substantially benefit the United States. However, male athletes seeking to enter the United States to compete in women’s sports do not substantially benefit prospectively the United States.

Evidence of Extraordinary Ability

The regulations describe various types of evidence that the petitioner must submit in support of a petition as documentation of the beneficiary’s extraordinary ability. In general, the petitioner must submit evidence that:

• The person has sustained national or international acclaim; and
• The person’s achievements have been recognized in the field of expertise.

This initial evidence must include either evidence of a one-time achievement (for example, a major internationally recognized award, such as the Nobel Prize) or at least three of the types of evidence listed in the regulations.

The evidence provided in support of the petition need not specifically use the words “extraordinary.” Rather, the material should be such that it is readily apparent that the person’s contributions to the field are qualifying. Also, although some of the regulatory language relating to evidence occasionally uses plurals, it is entirely possible that the presentation of a single piece of evidence in a specific evidentiary category may be sufficient.

On the other hand, the submission of voluminous documentation may not contain sufficient persuasive evidence to establish the beneficiary’s eligibility. The evidence provided in support of the petition must ultimately establish that the beneficiary “is one of that small percentage who have risen to the very top of the field of endeavor.”

Eligibility Criteria (must meet at least 3 of the following, or show a one-time major achievement such as a Nobel Prize):

• Receipt of nationally or internationally recognized awards of excellence
• Membership in associations requiring outstanding achievements
• Published material in major media about you and your work
• Participation as a judge of the work of others
• Original scientific, scholarly, artistic, or business contributions of major significance
• Authorship of scholarly articles in your field
• Display of work at artistic exhibitions or showcases
• Leading or critical role in distinguished organizations
• Commanding a high salary compared to peers
• Commercial success in the performing arts

https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-2