Employment-Based First Preference EB-1(a)
Extraordinary Ability
(Employer Sponsorship and Labor Certification Not Required)

The general requirement is that the individual should have risen to the “top of her/his field of endeavor.”

(i)    as demonstrated by national or international acclaim;
(ii)   which should be recognized through extensive documentation; and
(iii)   the alien should continue the work in the same field; and
(iv)   would substantially benefit the U.S. prospectively.

The definitions, being broad, could apply to a number of situations.  The law states that receipt of the Nobel Prize, other major international awards, or at least three types of evidence from the list below are needed to satisfy the criteria:  

1.  Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;

2.  Documentation of the alien’s membership to associations in the field for which classification is sought, which require outstanding achievements of their members as judged by recognized national or international experts in their disciplines or fields;

3.  Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought;

4.  Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation;

5.  Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media;

6.  Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;

7.  Evidence of the display of the alien’s work in the field at artistic exhibitions or showcases;

8.  Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disc, or video / DVD sales;

9.  Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; and/or

10. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation.

One of the major advantages of this category is that an employer is not required to sponsor this particular type of immigrant visa petition.