The employment-based 1st
preference category (EB-1) includes aliens of “extraordinary
ability in the sciences, arts, educating, business or athletics.
Aliens in the EB-1 category do not have to undergo the labor
certification (L/C) process.
The alien seeking classification in
this group may file the petition on his or her own behalf. A
specific job offer is not required for an alien in this group, as
long as the alien is entering the United States to continue work
in the field in which he or she has extraordinary ability, which
can be shown evidence such as letters from prospective employers,
pre- arranged commitments such as contracts, or a statement from
the alien detailing his or her plans for continuing his or her
work in the United States.
Criteria for qualifying for EB-1 Extraordinary Ability
Category: "Three-out-of-ten" rule is used to evaluate
the qualification. The alien must include at least three types of
evidence from the following list:
- Prizes or awards of lesser nationally or internationally
recognized prizes or awards;
- Membership in associations which require outstanding
achievements of their members, as judged by experts;
- Published materials in professional or major trade
publication or major media about the alien and relating to the
alien's work;
- Being a judge of the work of others in the field;
- Contributions of major significance;
- Authorship of scholarly articles in professional journals or
other major media;
- Display of work at artistic exhibitions in more than one
country;
- Performance in a lead role or organizations with
distinguished reputations;
- Significantly high salary;
- Commercial successes;
