Law Offices of Tricia Wang

EXTRAORDINARY ABILITY ALIENS

The Immigration Act of 1990 (1990 Act) made it significantly easier for certain aliens to obtain permanent resident status (PR) based on their abilities. Among other things, the 1990 Act created the employment-based first preference (EB-1) immigrant visa category for aliens of extraordinary ability. Aliens in the EB-1 category do not have to undergo the labor certification (L/C) process.

"Extraordinary ability" can be in the sciences, arts, education, business, or athletics. This ability must be demonstrated through sustained national or international acclaim and the alien must have achievements recognized in the field through extensive documentation.

A specific job offer is not required for an alien in this group, as long as the alien is entering the United States to continue work in the field in which he or she has extraordinary ability, which can be shown evidence such as letters from prospective employers, pre- arranged commitments such as contracts, or a statement from the alien detailing his or her plans for continuing his or her work in the United States.

"Three-out-of-ten" rule is used to evaluate the qualification. The alien must include at least three types of evidence from the following list:

• Prizes or awards of lesser nationally or internationally recognized prizes or awards;
• Membership in associations which require outstanding achievements of their members, as judged by experts;
• Published materials in professional or major trade publication or major media about the alien and relating to the alien's work;
• Being a judge of the work of others in the field;
• Contributions of major significance;
• Authorship of scholarly articles in professional journals or other major media;
• Display of work at artistic exhibitions in more than one country;
• Performance in a lead role or organizations with distinguished reputations;
• Significantly high salary;
• Commercial successes;