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EB-1A Visa

EB-1A “Extraordinary Ability” Visa

The EB-1A immigrant visa is for individuals who can demonstrate extraordinary ability in the arts, sciences, education, business, and athletics through sustained national or international acclaim and achievements. In general, to qualify, the individual must show that they are in the top 5 percent of their  field. A key benefit of the EB-1A visa classification is the ability to self-petition rather than rely upon an offer of employment from an employer.  

USCIS applies a two-step framework to evaluate the evidence. In the first step, USCIS determines whether the petitioner has submitted evidence that satisfies at least three of the ten criteria listed (or one-time achievement such as a major internationally recognized award). Such criteria includes:

USCIS Evaluation Framework

Step 1: Initial Evidence Review

1

Evidence of recognized awards and commercial success in the field, demonstrated through prizes, sales records, or box office receipts.
2

Evidence of published material about the applicant in major media or trade publications.
3

Evidence of participation as a judge of the work of others in the same field.
4

Evidence of original contributions of major significance within the field.
5

Evidence of authorship of scholarly or professional articles in the field.
6

Evidence of display or exhibition of work at artistic or professional showcases.
7

Evidence of performance in a leading or critical role for reputed organizations.
8

Evidence of commanding a high salary or remuneration in the field.
9

Evidence of commercial success in the performing arts through sales or records.

Step 2: Final Merits Determination

Once the initial threshold is met, USCIS conducts a final merits determination to assess whether, in totality, the evidence shows that the applicant truly stands among the small percentage at the very top of their field.

During this evaluation, USCIS considers:

  • The impact and influence of the applicant’s contributions.

  • Whether the evidence demonstrates sustained acclaim and recognition over time.

  • Whether the overall record establishes that the individual has risen to the top of their profession nationally or internationally.

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