A Complete Guide to EB1A Green Card

There generally are two sets of eligibility criteria for an immigrant to demonstrate “extraordinary ability” for purposes of an EB1A green card.To qualify for an EB1A green card, either:

1. There is evidence of a one-time achievement. This achievement would be a major internationally-recognized award, such as a Pulitzer Prize, an Oscar, or an Olympic medal; or
2. There is evidence of at least 3 of the following 10 criteria (or comparable evidence if any of the criteria do not readily apply):

• Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence;
• Evidence of the immigrant’s membership in associations in the field which demand outstanding achievement of their members;
• Evidence of published material about the immigrant in professional or major trade publications or other major media;
• Evidence that the immigrant has been asked to judge the work of others, either individually or on a panel;
• Evidence of the immigrant’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
• Evidence of the immigrant’s authorship of scholarly articlesin professional or major trade publications or other major media;
• Evidence that the immigrant’s work has been displayed at artistic exhibitions or showcases;
• Evidence of the immigrant’s performance of a leading or critical role in distinguished organizations;
• Evidence that the immigrant commands a high salary or other significantly high remuneration in relation to others in the field; and
• Evidence of the immigrant’s commercial successes in the performing arts.

In addition, the immigrant must provide evidence that the immigrant is coming to the United States to continue work in the area of expertise.  Such evidence generally may include letters from prospective employers, evidence of prearranged commitments, such as contracts, or a statement from the immigrant detailing plans on how the immigrant intends to continue work in the United States.

It is important to remember that the burden of proof in an EB1A green card case is with the immigrant.

Letters of endorsement are often used in EB1A green card petitions.  However, USCIS has stated that letters of endorsement, while not without weight, should not form the cornerstone of a successful claim to obtain an EB1A green card.  Rather, the statements made by witnesses should be corroborated by documentary evidence in the record.  Letters of endorsement should explain in specific terms why the witnesses believed the immigrant to be of “extraordinary ability” and not merely reiterate USCIS’ definitions. 

The relationship or affiliation between the immigrant and the witness is also a factor to be considered when evaluating witnesses’ statements.  It is generally expected that an immigrant whose accomplishments have garnered sustained national or international acclaim would have received recognition for the immigrant’s accomplishments well beyond the circle of the immigrant’s personal and professional acquaintances.

While it may seem difficult to prove “extraordinary ability”, it is certainly not an impossible task. Statistics from UCSIS show that 54,596 immigrants were approved for EB1A green cards from 2009 through 2019. You may refer to our article “EB1A Visa Eligibility Criteria: A Complete Guide” to learn more about 10 eligibility criteria.