What are the qualifications for an EB-1A Visa?
April Perez • January 5, 2022
Click here to read this article in Portuguese and Spanish
An EB-1(a)
is a visa for those that can prove they have an Extraordinary Ability or Achievement in the sciences, arts, education, business or athletics
through sustained national or international acclaim.
Sustained national or international acclaim is proven by showing that you have a one-time achievement or major award such as a Nobel Prize, Grammy or an Oscar or
that you can meet at least three
of the criteria below by providing adequate evidence (examples below):
- Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
Evidence of an award can include: a certificate, a list of the criteria for the award, meaning how the winners are selected, and background on the award to show that it is a national or international award.
- Evidence of your membership in associations in the field which demand outstanding achievement of their members
Evidence of membership can include: a membership certificate or letter from an official from the organization verifying your membership.
Evidence that the association demands outstanding achievements of their members can include: background on how the members are selected through official website links, background information on who selects the members, bylaws of the organization stating how members are selected and who selects them, background of other members, background on those who select members, articles about the organization, and background links about the organization.
- Evidence of published material about you in professional or major trade publications or other major media
Evidence of published material should show the source of the publication. You should also provide circulation numbers on the publication if it is in print, if it is an article published through a website it should be a website from a major publication that has a high volume of traffic. - Evidence that you have been asked to judge the work of others, either individually or on a panel
Evidence of being a judge can include: a letter from the organization you were a judge for or the event you were a judge for explaining how you were selected, what the judging consisted of, and background on the event or organization you were a judge for.
- Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
Evidence that the contribution was original can be: through a patent, or other verifying documentation.
Evidence that it was of major significance can be: shown through application by other organizations in the field of your original contribution, and contracts or letters verifying the wide use of your contribution. - Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
Evidence can include: the article you published, evidence of where it was published, and evidence of the number of times the article was cited by others.
- Evidence that your work has been displayed at artistic exhibitions or showcases
Evidence can include: articles, flyers and other promotional materials for the exhibition. Contracts, and photos of the exhibition. Proof of sales of any work sold at the exhibition. - Evidence of your performance of a leading or critical role in distinguished organizations
Evidence can include: letters from former employers explaining how your work was critical for the organization as a whole.
Evidence that the organization is distinguished can be: articles about the organization, awards the organization has won, and background on the organization.
- Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
Evidence can be: paystubs, income taxes or other proof of payment for work in your field. The payments should be quantified, meaning that you need to prove how much you were paid per hour or per year for your work. - Evidence of your commercial successes in the performing arts
Evidence can include ticket, record, or video sales or box office receipts.
This is not an exhaustive list of possible evidence, and in some fields the evidence may not fall directly within the parameters of the criteria.
Aside from the criteria you must also be able to show that you will continue to work in your field of expertise.
USCIS will first determine whether you meet at least three of the criteria, and if you do, they will move on to do a final merits determination as to whether you are extraordinary.
An alien who falls within this category may self-petition by filing the proper forms and evidence. The idea of being “extraordinary” sounds simple, but you must be able to prove that you qualify. It is important to have the proper guidance from an attorney through this process.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
Similar Posts
Click here to read this article in Portuguese
Click here to read this article in Portuguese and Spanish
It’s no secret that the U.S. immigration system has faced increased scrutiny and change in recent months. From evolving policies to headlines filled with uncertainty, it’s understandable that many individuals are left wondering: Is this still the right time to pursue a future in the United States? The answer is yes—and here’s why. Despite the shifting political landscape, the core structure of U.S. immigration law remains firmly in place. While the process may appear more complex or demanding than it once was, the legal pathways to live, work, and thrive in the United States are still open and accessible to those who take the proper steps. What often gets lost in the conversation is that the United States remains a country built on innovation, creativity, and resilience. It continues to attract global talent, entrepreneurs, artists, and professionals from all walks of life. Whether you are launching a business, advancing your career, or seeking a better life for your family, the United States offers unparalleled opportunities to those who are prepared and determined. Much of what makes the United States a global economic and technological leader today is the direct result of contributions made by immigrants. Nearly half of the current Fortune 500 companies were founded by immigrants or their children. Immigrant entrepreneurs have long been an essential part of America’s economic success story. Some of the largest and most recognizable American companies were founded by immigrants or the children of immigrants. This includes household names such as Apple and Costco. Moderna, the pharmaceutical company and vaccine producer, was founded by a Canadian-born stem cell biologist, Derrick J. Rossi, whose parents themselves emigrated from Malta. These success stories are not outliers; they are part of a broader pattern that reflects the drive, innovation, and resilience that immigrants bring to the country. The United States also offers one of the most dynamic and diverse economies in the world. It is a place where hard work, fresh ideas, and entrepreneurial vision are rewarded. For creative professionals, business leaders, and investors, the United States provides a unique platform to grow, connect, and gain global influence. Its competitive marketplace, access to capital, and culture of innovation create unmatched opportunities for those ready to seize them. While the immigration process requires careful planning, that process is far from impossible. Indeed, having strong legal guidance is one of the most effective advantages an applicant can possess. Immigration law is complex, and each case must be evaluated individually. A clear, strategic plan tailored to your background and goals can significantly improve your chances of success. What may feel like a hurdle at first glance is often navigable with solid preparation and documentation. At our immigration law firm, we have had the privilege of assisting individuals from all over the world as they navigate these complexities. Time and again, we have witnessed how determination, careful preparation, and experienced legal counsel can turn uncertainty into opportunity and help transform a vision for the future into reality. If you have been uncertain about whether to move forward, let this be your sign to take the next step. The United States is still a land of possibilities. If you are ready to take that step, now is the time to act. Let us build your path forward together.
The U.S. Department of Homeland Security (DHS) has announced the termination of Temporary Protected Status (TPS) for nationals from Honduras, Nicaragua, Nepal, Haiti, and Cameroon. These longstanding protections are set to expire, putting many individuals at risk of deportation.
For individuals applying under the O-1A or EB-1A categories , both reserved for professionals with extraordinary ability, letters of recommendation are a critical part of the petition. These expert testimonial letters offer valuable insight into your accomplishments, reputation, and influence within your field. When written properly, they help demonstrate that you truly stand out as someone who has risen to the very top of your profession. Many petitions submitted by highly accomplished individuals fall short because the recommendation letters are vague, overly personal, or fail to clearly explain why the applicant meets the legal standard of extraordinary ability. That is why taking the time to prepare your recommenders effectively is not just helpful. It is essential to build a strong and persuasive case. First, it is important to help your recommenders understand the purpose of the letter . This is not a casual reference or character recommendation. It is a formal declaration to U.S. Citizenship and Immigration Services that you possess extraordinary ability in your area of expertise. The letter must describe your achievements in concrete terms and explain why your work has had a significant impact and recognition within your field. Many professionals, no matter how accomplished, are unfamiliar with the specific requirements of the O-1A and EB-1A categories. It is helpful to provide them with a short explanation of what is needed, and in some cases, a sample or outline to guide them. Selecting the right recommenders is just as critical as the content of the letters themselves. While USCIS gives greater weight to letters from independent experts, independence should not be confused with distance. The ideal recommender is someone who knows your work well and can provide specific and credible insight into your contributions, impact, and reputation in the field. A letter from someone who barely knows you, or one that focuses more on the recommender’s own accomplishments than yours, is unlikely to carry much weight with USCIS. A common mistake is submitting letters that read more like summaries of the recommender’s resume than a meaningful evaluation of your achievements. While a brief introduction of the recommender’s qualifications is important to establish credibility, the focus must remain squarely on you , your work, your innovation, and the ways in which your impact is considered extraordinary. The strongest letters go beyond general praise. They include clear and detailed examples of how your contributions have influenced others in your field or led to measurable outcomes. To make the letter as accurate and persuasive as possible, you should provide your recommenders with a summary of your most important professional milestones. This might include major awards, media coverage, patents, publications, notable leadership roles, or metrics showing the commercial or scientific success of your work. Well-prepared recommendation letters serve as both evidence and narrative. They help fulfill specific legal requirements and also tell the story of how and why your work has earned you distinction. In a category defined by terms like extraordinary ability, it is important that every part of your petition reinforces that standard. At Santos Lloyd Law Firm, we work closely with our clients and their recommenders to develop strong and compelling testimonial letters that meet USCIS expectations and highlight each applicant’s unique contributions.
