Qualifications of EB-1A “Aliens with Extraordinary Ability” — Are You at the Pinnacle of Your Field?
Federal guidelines define “extraordinary ability” as a level of expertise indicating that the individual is among the top few percent in their field, whether in athletics, business, education, sciences, or the arts.
Why Apply for EB-1A?
1. No Labor Certification or Employer Sponsor Required
One of the primary advantages of the EB-1A category is that it does not require a specific job offer. Non-residents can self-petition if they are entering the U.S. to continue work in their area of extraordinary ability. Additionally, no labor certification is needed, which streamlines the application process significantly and saves time.
2. Immediate Availability of Visas
Visas for EB-1A are currently available without any waiting period. This is true for all first preference employment-based categories, making it particularly beneficial for applicants from countries with high visa demand, such as China and India. The latest projections from the State Department indicate that there will likely be no cut-off dates for EB-1 visas in the near future.
What Constitutes the “Very Top of the Field”?
“Extraordinary ability” means that the non-resident is recognized as one of the top individuals in their field, with achievements that have garnered national or international acclaim.
Defining the Area of Expertise
Define the Area of Expertise Narrowly
To meet the requirement of being in the top few percent of their field, applicants must clearly and narrowly define their area of expertise. This specificity helps in demonstrating that they have risen to the top of their niche.
Example:
Mr. Li, a Ph.D. student in computer science focusing on terahertz applications, initially had difficulty proving he was at the top of his field because he was still under academic training. However, by narrowing his field to the integration of terahertz applications with integrated circuit (IC) design, he successfully demonstrated his expertise. This specific focus allowed him to show that he was a leading researcher in this niche area, leading to the approval of his EB-1A petition.
Leverage Prior Education and Work Experience
Many EB-1A petitioners have advanced degrees and significant work experience from their home countries. Highlighting this background in a narrowly defined field strengthens the argument that the applicant is among the top experts in that area.
By focusing on specific achievements and a clearly defined area of expertise, applicants can effectively argue that they have reached the pinnacle of their field and qualify for the EB-1A extraordinary ability category.
Defining the Area of Expertise
Define the Area of Expertise Narrowly
To meet the requirement of representing a “small percentage” who has risen to the “very top of the area of expertise,” it is crucial to clearly and narrowly define the field before demonstrating extraordinary ability. A narrowly defined area of expertise increases the likelihood of proving that you are at the top of your field.
Example:
Consider our client, Mr. Li, a Ph.D. student in computer science focusing on terahertz applications. As a student, it was challenging to prove that he had risen to the very top of the terahertz application field because he was still under academic training. However, Mr. Li also had a master’s degree in integrated circuit (IC) design and had published several articles in this area. By defining his expertise as a combination of terahertz and IC design, exploring the application of terahertz with integrated circuits, he could effectively demonstrate his niche expertise. This specificity led to the approval of his EB-1A petition, as he could prove he was among the top researchers in this specialized area. Had he defined his field more broadly, such as “outstanding researcher in terahertz applications,” his claim as a top expert would have been less convincing.
Leverage Prior Education and Work Experience
Many EB-1A petitioners have obtained advanced degrees and significant work experience in their home countries. Highlighting these achievements is essential when defining the applicant’s expertise in the petition letter. By specifying and narrowing the field, it becomes easier to argue that the applicant is one of the few experts who has risen to the very top of that particular area of expertise.
By focusing on specific accomplishments and clearly defining the area of expertise, applicants can more effectively demonstrate that they have reached the pinnacle of their field, thereby strengthening their case for the EB-1A extraordinary ability category.