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Insights to Help Establish the Ten EB-1 Extraordinary-Ability Factors (PART TWO)

Last updated on Oct 16th, 2017

A non-citizen who wants to qualify as an immigrant of extraordinary ability can qualify by submitting evidence of his or her receipt of a major and internationally recognized award, such as the Nobel Prize. But, without that evidence, the non-citizen must provide three of following ten types of documentation/evidence:

  1. Documentation that the non-citizen has received a lesser nationally or internationally recognized prize or award for excellence in the non-citizen’s field of endeavor;
  2. Documentation of the non-citizen’s membership in associations (in the non-citizen’s field) which require of their members outstanding achievements, as judged by recognized national or international experts in their fields;
  3. Published material about the non-citizen in professional or major trade publications or other major media, relating to the his or her work in the field for which classification is sought;
  4. Evidence of the non-citizen’s participation as a judge of the work of others in the field of in certain related fields;
  5. Evidence of the non-citizen’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
  6. Evidence of the non-citizen’s authorship of scholarly articles in the field, in professional or major trade publications or other major media;
  7. Evidence of the display of the non-citizen’s work (in the non-citizen’s field) at artistic exhibitions or showcases;
  8. Evidence that the non-citizen has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
  9. Evidence that the non-citizen has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or
  10. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

In this post, we will look with more depth at two of the entries on this list. More specifically, we will look at the third and fourth entries on the list. In future posts, we will look at the fifth through the tenth entry.

Published materials about the noncitizen
When it comes to published-materials-about-the-noncitizen factor, some things worth noting will probably not be apparent to many non-lawyers wondering if they belong in the EB-1 classification for immigrants of extraordinary ability or to individuals who take statutes literally and at face value. Someone who seeks to satisfy this factor should submit evidence to show that major media or national broadcast networks have covered in detail his or her work. It is important for the individual seeking to satisfy this factor to recognize that USCIS adjudicators will give little weight to published material about projects in which the non-citizen has been if the publication gives the non-citizen scant attention. Adjudicators will not give any weight to publications about a non-citizen that does not relate to the non-citizen’s work in the relevant field.

Participation as a judge of the work of others

Some things worth noting about the participation-as-a-judge factor will be hidden to many non-lawyers who wonder if they merit inclusion in the EB-1 classification and hidden to individuals who take statutes literally and at face value. The non-citizen must demonstrate that he or she has judged the work of others who are at the professional level in the field.

Still more, it is important for the individual seeking to satisfy this factor to recognize that USCIS adjudicators will generally look at the frequency and regularity of invitations to perform peer reviews. Occasional participation in the peer review process does not substantiate that the petitioner has earned such sustained national or international acclaim that his opinions and insight are regularly sought.

We hope these insights into the factors prove helpful to individuals pondering whether they likely fit the EB-1 classification for immigrants of extraordinary ability.

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