Extraordinary Ability (EB1A)

Understanding the EB1A Green Card

criteria
1. Who can apply?
2. USCIS Criteria
3. Resources

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Extraordinary Ability (EB1A)

Overview
EB1A is an employment based green card
category for individuals with Extraordinary
Ability.

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Advantages of Extraordinary Ability

EB1A Application
Advantages:
1.
2.
3.
4.
5.
6.

USCIS does not require labor certification process for EB1A applicants
which allows faster processing saving significant time
USCIS says employer sponsorship (or job offer) is not needed for EB1A
Applicant can self-petition no need for employer to apply
Great flexibility in changing jobs
Can apply from within or outside USA
Can apply while on any legal status

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Self-Petition
Several EB1A applicants apply on their own using
approved petitions as examples.
Any one who meets the EB1A criteria can submit
an application without the help of a lawyer
saving substantial cost.

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Who can apply in EB1A

During December 2010 USCIS issued a memo/guidelines for
immigration service officers to determine extraordinary ability.
The memo instructs USCIS adjudicators to use an two part
approach to evidence evaluation referenced in the Kazarian
appeals case. This is usually referred to as a "Two part evaluation
in EB1A". Under this rule, the applicant should satisfy three of
the ten USCIS regulatory requirements for EB1A and following
this applicants Extraordinary Ability merits are judged based on
two conditions.

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EB1A: Two Key Requirements

1. Petitioner is one of the small percentage of
people who have risen to the very top of the
field of endeavor.
2. Sustained national or international acclaim and
that his or her achievements have been
recognized in the field of expertise.

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USCIS Regulatory Requirements

Three of the following ten USCIS requirements should be met
1.

Evidence of receipt of lesser nationally or internationally recognized prizes or awards

for excellence
2. Evidence of your membership in associations in the field which demand outstanding
achievement of their members
3. Evidence of published material about you in professional or major trade publications or
other major media
4. Evidence that you have been asked to judge the work of others, either individually or
on a panel
5. Evidence of your original scientific, scholarly, artistic, athletic, or business-related
contributions of major significance to the field
6. Evidence of your authorship of scholarly articles in professional or major trade
publications or other major media
7. Evidence that your work has been displayed at artistic exhibitions or showcases
8. Evidence of your performance of a leading or critical role in distinguished organizations
9. Evidence that you command a high salary or other significantly high remuneration in
relation to others in the field
10. Evidence of your commercial successes in the performing arts
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Approved Example-1
Management Consultant
1.
2.
3.
4.
5.
6.
7.
8.

PhD Operations research, top a US university (5Yrs back)

PhD Business administration, Penn state (5Yrs back)
MS Statistics, from a top US university.
Served as a consultant for several fortune 500 companies: Nokia, Motorola,
Broadcom, Qualcom, Boeing, Texas instruments etc
Adjunct professor of Business Operations at multiple universities
Two publications, one book chapter, >50 citations
Reviews for three journals
Made important contributions to business operations and supply chain
management which are currently used by some companies.

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Approved Example-2
Chemistry Post-doctoral researcher at a National lab
1.
2.
3.
4.

5.
6.
7.
8.

Post-doctoral researcher at a US national lab at the time of application with

higher remuneration compared to normal post-doc salaries.
Prior post doctoral research experience at US university
PhD from prestigious institution in India (7 years back)
Over 30 journal research publications including publication in prestigious
Journal Nature, several conference publications, one best poster award, and
5 invited presentations.
Reviewer for two research journals with high impact factors
Over 200 citations
Significant contributions to the field of single-walled nano tubes
Technology maturation award for research inventions
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Approved Example-3
Applied mathematician in a visiting faculty position
1.
2.
3.
4.
5.
6.
7.
8.

Visiting faculty at a US university at the time of application

Two post-doctoral researcher positions at two universities
PhD from Indian Institute of Technology (8 years back)
Significant collaborative work with national institutes of weather
Developed novel mathematical algorithms currently used by researchers
both in industry and national institutes
Twelve journal publications, several conference publications, >100 citations
6 invited presentations
Chaired conference sessions

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Resources

Employment-Based Immigration: First Preference EB-1.

Judging chances of success in EB1A
EB1A application process
Reference letters
Understanding EB1A: USCIS Requirements.
PM-602-005.1: December 2010 Policy memorandum
providing guiding for aliens of EB1A and EB2-NIW
based on exceptional ability.
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Example EB1A Petition

Greencardforphd provides example petitions (actual
approved NIW case) that were successfully used by
hundreds of applicants to obtain their Green cards.
Applicants educational background include: Masters or
PhD or PhD student, or Postdoc, or Scientist, or Professor
or Researcher
Applicants from wide range (science, technology,
engineering, medicine, mathematics e.t.c) of fields have
used our packets.
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