Aliens with extraordinary ability are those with "extraordinary ability in the sciences, arts,
education, business, or athletics which has been demonstrated by
sustained national or international acclaim and whose achievements have
been recognized in the field through extensive documentation." You
must be one of "that small percentage who have risen to the very
top of the field of endeavor," to be granted this classification.
For example, if you receive a major internationally recognized award,
such as a Nobel Prize, you will qualify for an EB-1 classification.
Other awards may also qualify if you can document that the award is in
the same class as a Nobel Prize. Since few workers receive this type of
award, alternative evidence of EB-1 classification based on at least
three of the types of evidence outlined below, is permitted. The worker
may submit "other comparable evidence" if the following
criteria do not apply:
Outstanding professors and researchers are recognized internationally for their outstanding academic
achievements in a particular field. In addition, an outstanding
professor or researcher must have at least three years experience in
teaching or research in that academic area, and enter the U.S.
in a tenure or tenure track teaching or comparable research position at
a university or other institution of higher education. If the employer
is a private company rather that a university or educational
institution, the department, division, or institute of the private
employer must employ at least three persons full time in research
activities and have achieved documented accomplishments in an academic
that the professor or researcher is recognized as outstanding in the
academic field must include documentation of at least two of the
executives and managers of foreign companies who are transferred to the U.S.
may qualify. A multinational manager or executive is eligible for
priority worker status if he or she has been employed outside the
petitioner must be a U.S. employer, doing business for at least one year, that is an affiliate, a
subsidiary, or the same employer as the firm, corporation or other legal
entity that employed the foreign national abroad.
CIS Form I-140 is required and must be filed at the CIS
some cases, the EB-1 worker of extraordinary ability may petition for himself or
herself, but the employer must file the petition for an outstanding
professor or researcher and a multinational executive or manager.