DM Norman Law Offices, APC.

EB-1A (Extraordinary Ability)

The EB‑1A green card is reserved for individuals who “have extraordinary ability in the sciences, arts, education, business, or athletics.” The USCIS Policy Manual further explains that to qualify, the individual must intend to “continue to work in the area of his or her expertise”, and “will substantially benefit the United States in the future.”

This category permits self‑petitioning, meaning applicants don’t need a job offer or employer sponsorship.

USCIS allows applicants to prove extraordinary ability either by (1) a one-time, major, internationally recognized award (e.g., Nobel Prize, Academy Award) or by (2) meeting at least three of ten evidentiary criteria.

Below is a breakdown of the 10 criteria plus the comparable evidence option, with USCIS’s own considerations.

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Criterion 1: Prizes or Awards for Excellence

• Must show the applicant personally received “lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.”
• Awards should be nationally or internationally significant, not just local or employer-based.
• Examples: awards from professional associations, dissertation awards, best-paper prizes at major conferences.
• USCIS looks at:
  • Criteria used to grant the award
  • National or international reach of the award
  • Number of recipients and competitiveness
  • Restrictions (youth, amateurs, rookies may still count if media-recognized).
    

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Criterion 2: Membership in Associations

• Membership must require “outstanding achievements in the field as judged by recognized national or international experts.”
• General or fee-based memberships do not qualify.
• USCIS looks for:
  • Fellowships (e.g., IEEE Fellow, AAAS Fellow)
  • Selection committees of experts reviewing accomplishments
  • Distinguished memberships that require peer recognition.

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Criterion 3: Published Material About the Applicant

• Evidence must be “published material about the person in professional or major trade publications or other major media relating to the person’s work.”
• Must include title, date, and author.
• Acceptable media: newspaper/magazine features, journal articles, books, online publications, TV/radio transcripts.
• Material must focus on the person and their work, not just employer publicity or marketing.
• Team coverage can qualify if the applicant is mentioned for significant contributions.

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Criterion 4: Judge of the Work of Others

• Applicant must have “participated, individually or on a panel, as a judge of the work of others in the same or an allied field.”
• Examples:
  • Peer reviewer for academic journals
  • Conference abstract/paper reviewer
  • Ph.D. dissertation committee member
  • Grant proposal evaluator for government programs
    
• Must show actual participation, not just an invitation.

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Criterion 5: Original Contributions of Major Significance

• Requires proof of “original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.”
• Evidence may include:
  • Published commentary on the importance of the work
  • Citation records
  • Patents or licenses with commercial use
  • Expert letters detailing significance
    
• USCIS stresses that originality alone isn’t enough — contributions must have a broad impact.

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Criterion 6: Authorship of Scholarly Articles

• Applicant must show authorship of “scholarly articles in the field, in professional or major trade publications or other major media.”
• Scholarly article definition: reports on original research or philosophical discourse, peer reviewed, with citations.
• Includes journal publications and significant conference proceedings.

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Criterion 7: Display of Work at Artistic Exhibitions

• Applicant’s own work must be shown in artistic exhibitions or showcases.
• Exhibitions must be artistic in nature (visual arts, performance arts, design showcases).
• Non-artistic displays (e.g., trade shows) only count if used as comparable evidence.

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Criterion 8: Leading or Critical Role

• Must show “leading or critical role for organizations or establishments that have a distinguished reputation.”
• Examples:
  • Senior faculty or research position
  • Principal investigator on funded projects
  • Founder of a funded startup with media recognition
  • Key committee member in a distinguished organization
• Distinguished reputation can be shown by rankings, funding, customer base, or media coverage.

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Criterion 9: High Salary or Remuneration

• Must show applicant has “commanded a high salary or other significantly high remuneration compared to others in the field.”
  
• Acceptable evidence:
  • Tax returns, pay stubs
  • Employment contracts or offers
  • Salary survey data (BLS, industry reports)
    
• Considerations: geographic variation, occupational comparators, credibility of salary data.
  

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Criterion 10: Commercial Success in Performing Arts

• Focuses on “box office receipts or record, cassette, compact disk, or video sales” showing success.
  
• Volume of sales/receipts must demonstrate commercial success compared to peers.
  
• Merely releasing music/films is insufficient without evidence of significant sales.
  

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Comparable Evidence

• USCIS permits comparable evidence if a criterion does not “readily apply” to an occupation (8 CFR 204.5(h)(4)).
• Must be “truly comparable” and not just substituted witness letters.
• Examples:
  
  • Olympic coach whose athlete wins a medal (comparable to judging or contribution)
    
  • Election to a national all-star or Olympic team (comparable to membership or awards)
    
  • Startup equity holdings in lieu of salary.