LEAGUE OF EXTRAORDINARY – ARE YOU AN ALIEN OF EXTRAORDINARY ABILITY?
by Rajesh Prasad, Esq.
Employment-Based First-Preference (EB-1A) Immigrant Visa Category is reserved for individuals with extraordinary ability in the field of sciences, arts, business, or athletics. Generally, an alien (foreign national) who is amongst the very small percentage of individuals who has risen to the very top of his/her field of endeavor and who can demonstrate that he/she has sustained national or international acclaim are eligible for EB-1A classification.
What is required to meet the Eligibility Requirements?
United States Citizenship and Immigration Services’ (USCIS) provides an excellent overview of the eligibility requirements (www.uscis.gov). In short, if you are not a recipient of one-time major internationally recognized award (such as Nobel Prize, Academy Awards, Grammy, Pulitzer, Golden Globe, Booker Prize), then you must satisfy 3 out of the 10 regulatory criteria to prove extraordinary ability in your field [see 8 CFR 204.5(h)(3)].
Eligibility criteria can be established by providing evidence from at least three of the following (a) receipt of lesser nationally or internationally recognized prizes or awards for excellence, (b) membership in associations in the field which demand outstanding achievement of their members, (c) published material about you in professional or major trade publications or other major media, (d) that you have been asked to judge the work of others, either individually or on a panel, (e) original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field, (f) authorship of scholarly articles in professional or major trade publications or other major media, (g) your work has been displayed at artistic exhibitions or showcases, (h) performance of a leading or critical role in distinguished organizations, (i) you command a high salary or other significantly high remuneration in relation to others in the field, (j) your commercial successes in the performing arts.
USCIS’ regulations also allow you to provide comparable evidence in case you do not have evidence in the above listed categories.
Kazarian v. USCIS 596 F.3d 1115 (9th Cir. 2010) is a landmark case that guides USCIS in adjudicating EB-1A petitions. Following this case, USCIS uses two-part adjudicative approach, first it determines whether the petitioner has submitted evidence that meets the parameters for each type of evidence listed at 8 CFR 204.5(h)(3) and then determine whether the evidence submitted is sufficient to demonstrate that the beneficiary or self-petitioner meets the required high level of expertise for the extraordinary ability immigrant classification also called as final merits determination. This two-part adjudicative approach to evaluating evidence described in Kazarian simplifies the adjudicative process by eliminating piecemeal consideration of extraordinary ability and shifting the analysis of overall extraordinary ability to the end of the adjudicative process when a determination on the entire petition is made (the final merits determination).
Who Can Apply?
Actors, Musicians, Artists, Physicians, Fashion Models, Authors, Business Personnel, Athletes, or anyone who has risen to the top of their field can seek EB-1A classification. Parikh & Prasad, PC has assisted many extraordinary individuals from across fields to obtain lawful permanent residence in the United States.
Contact our law firm, Parikh & Prasad, PC to determine whether you can also join the league of extraordinary aliens and become a lawful permanent resident of the United States.
Rajesh Prasad, Esq. is a Certified Specialist in Immigration and Nationality Law by the State Bar of California Board of Legal Specialization. At Parikh & Prasad, PC, his practice is dedicated to counseling clients in obtaining employment and family based nonimmigrant and immigrant visas. For outstanding Pro Bono service to the community, Mr. Prasad has received a Congressional Recognition from the US Congressman, Mark Takano. He is also a recipient of American Immigration Lawyers Association’s (AILA) Pro Bono Guardian Award.