Comprehensive Guide to the EB1A Visa: All You Need to Know

To get an EB1A visa, you need to prove three key points:

1. You possess extraordinary ability in a field such as the sciences, arts, education, business, or athletics.
2. You are coming to the United States to continue working in your area of extraordinary ability.
3. Your entry into the United States will offer significant benefits to the country.

How to Prove That You Have Extraordinary Ability
Proving extraordinary ability is the most crucial part of the EB1A visa application process. This section is so important that we will break it down step-by-step.

1. What is Extraordinary Ability?

Extraordinary ability refers to a high level of expertise indicating that the individual has reached the top tier of their field of endeavor. [8CFR Section 204.5(h)(2)]

2. How Do You Prove Extraordinary Ability?

To establish extraordinary ability, you must provide evidence that shows you have received sustained national or international acclaim and that your achievements are recognized in your field of expertise. [8CFR Section 204.5(h)(3)]

3. How Do You Prove Sustained National or International Recognition?

There are two ways to demonstrate this:

• A significant one-time achievement.
• Alternatively, proof that you meet at least three of the ten evidentiary criteria for an EB1A visa (outlined below).

One-Time Achievement

A one-time achievement must be an internationally recognized major award, such as the Nobel Peace Prize, an Academy Award, or a Grammy. If you have won one of these prestigious awards, it will likely suffice to prove your sustained acclaim and recognized achievements in your field.
If you don’t have such an award, you will need to meet at least three of the ten criteria discussed below.

Evidentiary Criteria for EB1A Visa

If you do not have a major international award or recognition, you need to satisfy at least three of the following criteria:

• Receipt of lesser national or international prizes for excellence in your field.
• Membership in associations that require outstanding achievements, as judged by national or international experts in your field.
• Published material about you in professional or major trade publications or other prominent media related to your work.
• Participation as a judge of the work of others in the same or related field.
• Significant original contributions to your field, whether scientific, artistic, athletic, or business-related.
• Authorship of scholarly articles in your field, in professional journals or major media.
• Display of your work at artistic exhibitions or showcases.
• Holding a leading or critical role in reputable organizations or establishments.
• Earning a high salary or remuneration in comparison to others in your field.
• Achieving commercial success in the performing arts, as shown by box office receipts or sales.

If some criteria do not apply to your field, you may submit equivalent evidence to demonstrate your eligibility. For instance, if you are a renowned chef, you might not have evidence of commercial success in the performing arts, but you could provide proof of high commercial success from a cookbook you authored.

How to Prove That You Are Coming to the United States to Continue Working in Your Field

In addition to proving your extraordinary ability, you must show that you plan to continue working in your field of expertise in the U.S. This can be done with clear evidence, such as:

• Letters from potential U.S. employers in your field.
• Contracts with U.S. companies showing your commitment to working in your area of extraordinary ability.
• A written statement outlining your plans to come to the U.S. and continue your work.

Note that a job offer is not required.

How to Prove That Your Entry to the U.S. Will Substantially Benefit the Country

To meet the final requirement for an EB1A visa, you must demonstrate that your entry to the U.S. will provide significant benefits. Generally, it is assumed that working in your area of extraordinary ability will inherently benefit the U.S. You usually do not need to submit additional evidence beyond a written statement explaining how your work will benefit the country.

4. How Does USCIS Decide Whether to Approve or Deny an EB1A Visa Petition?