Qualifications of EB-1A (Alien of Extraordinary Ability)
The EB-1A petition must pass the following three-prong test:
1. The non-resident must have received national or international awards for his/her accomplishments.
The USCIS requires extensive evidence to determine the non-resident’s extraordinary ability. Evidence of national or international commendation can be a key international award/prize, or three out of ten pieces of evidence discussed later.
2. The non-resident is seeking entrance into the U.S. to continue working in the area of expertise that is the focus of the award.
USCIS guidelines stipulate that in order to determine the non-resident’s mandatory goal to continue working in his or her area of expertise, the petition must be supplemented by prospective employer letters, documentation of preplanned obligations such as contracts, or a testimonial from the non-resident describing his or her goals for ongoing work in the area of expertise in the U.S.
3. The presence of the non-resident and his/her work will benefit the U.S.
USCIS guidelines do not require the non-resident to provide separate evidence that his or her admission will greatly benefit the U.S. This condition is usually attained by fulfilling the other legal requirements.
