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EB-1 Employment-Based: EB11 The Extraordinary Ability Category

Certain foreign nationals are exempt from the process of labor certification and may file the I-140 employment-based immigration petition without first filing a PERM if they fall into one of three categories: extraordinary ability, outstanding researchers, or international managers and executives.

E11 Aliens with Extraordinary Ability

In order for you to qualify as an alien with extraordinary ability, the I-140 immigrant petition filed on your behalf must establish that you are at the very pinnacle of your vocational field. In order to do this, the petition must demonstrate that (1) you have received national or international acclaim, and (2) your vocational achievements in the field have been recognized.

Part One: Regulatory Criteria

There is a two-part test. In part one, evidence must be included to establish this of either a one time achievement such as an award that is internationally recognized (like a Nobel Prize), or at least three of ten kinds criteria listed in the federal immigration regulations. These criteria are:

  1. Nationally or internationally recognized awards or prizes for excellence in your field;
  2. Association memberships in your field that require outstanding achievement as judged by experts in that field who are nationally or internationally recognized;
  3. Material about you published in professional or major trade publications or other media connected to your vocation;
  4. Your participation, either as an individual or a panel member, judging the work of others in your same field of specialization;
  5. Your original contributions of major significance to your field that are scientific, scholarly, business related, artistic, or athletic;
  6. Scholarly articles that you authored in professional or major trade publications or other major media in your field of expertise;
  7. Artistic exhibition or showcase of your work in the field;
  8. Whether you have performed a leading or critical role for distinguished organizations or establishments in your field;
  9. Evidence of high salary or other remuneration as compared with others in your field;
  10. Your success in the performing arts as evidenced by box office receipts or multimedia sales such as compact disc or DVD;
  11. Any other comparable evidence if the above criteria do not apply your occupation.

Immigration law provides that the USCIS should consider the caliber and quality of each piece of evidence to determine whether you meet a particular criterion, and should consider whether you have reached the pinnacle of your field or received national or international acclaim.

Part Two: Final Merits

In the second part of the test, the USCIS should evaluate the evidence to make a final merits determination considering the petition as a whole as to whether or not you have achieved national or international acclaim and that your achievements are recognized in the vocational field. If the USCIS officer determines that you do not meet these requirements, the officer must give specific reasons for that conclusion. If you have questions about the EB1 employment-based extraordinary ability immigrant petition category, please contact our immigration attorneys or call The Law Firm of Shihab & Associates, Co., LPA at the nearest office close to you to consult with an attorney.

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