Aliens of Extraordinary Ability in Business, Arts or Science

The EB-1 extraordinary category classification is open to individuals with extraordinary ability in the arts, sciences, education, business or athletics.  The USCIS defines the term “extraordinary ability” as “a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor”.  The initial evidence which must be submitted should establish that the alien “has sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise.”   The requirements for this classification are as follows:

  • Alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim;
  • Alien seeks to enter the United States to continue work in the area of extraordinary ability; and
  • Alien’s entry into the United States will substantially benefit prospectively the United States.

The extraordinary ability category does not require a job offer.  Therefore, no labor certification is required.  Consequently, aliens can petition for themselves without needing the assistance of an employer.

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