Persons of Extraordinary Ability

One way to qualify for an EB-1, employment-based first preference visa, is show that you are a Person of Extraordinary Ability.  If qualified, no offer of employment is required for you to immigrate to the United States. Because no PERM filing is required, applicants can directly file their I-140 petitions, which greatly cuts down the processing time.

Who Qualifies as a Person of Extraordinary Ability?

You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. The applicant must be one of "that small percentage who have risen to the very top of the field of endeavor" to be granted this classification.

You can do this by providing evidence of a one-time achievement award (such as an Oscar, Pulitzer Prize, Olympic Medal, etc.), or by meeting 3 of the following criteria.

Criteria:

• Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
• Evidence of your membership in associations in the field which demand outstanding achievement of their members
• Evidence of published material about you in professional or major trade publications or other major media 
• Evidence that you have been asked to judge the work of others, either individually or on a panel
• Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
• Evidence of your authorship of scholarly articles in professional or major trade publications or other major media 
• Evidence that your work has been displayed at artistic exhibitions or showcases 
• Evidence of your performance of a leading or critical role in distinguished organizations 
• Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
• Evidence of your commercial successes in the performing arts

Application Process

As a Person of Extraordinary Ability, you may petition for yourself by filing a Form I-140 Petition for Alien Worker.  Typically 40,000 EB-1 visas are allotted per fiscal year.