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EB11 (EB-1A) Green Cards
for Immigrants of Extraordinary Ability

Individuals that have demonstrated extraordinary ability in fields of business, athletics, arts, science, or education, may be eligible to obtain green card as self-petitioners without U.S. employer or sponsor under Eb11 immigrant visa category. Eb11 category is one of two categories for which individuals may petition for themselves, without offer of employment. To qualify, individuals must demonstrate achievements in the field and sustained national or international acclaim through documentation.

About EB-11 (EB-1A) Green Cards

 

The required documentation should include proof of a one time achievement, such as a major, internationally recognized award (e.g., Nobel Prize, Grammy, Olympics), or the documentation of any three of the following:

  1. Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;

  2. Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;

  3. Published material about the alien in professional or major trade publications or other major media relating to the alien's work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation;

  4. Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;

  5. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;

  6. Evidence of the alien'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 alien's work in the field at artistic exhibitions or showcases;

  8. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;

  9. Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field;

  10. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

In case the above standards do not readily apply, the regulations do provide option to provide comparable evidence.

If a person was recognized for a particular achievement, the officer should determine whether the person continues to maintain a comparable level of acclaim in the field of expertise since the person was originally afforded that recognition. A person may, for example, have achieved national or international acclaim in the past but then failed to maintain a comparable level of acclaim thereafter.

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To qualify as a person with extraordinary ability, the beneficiary must intend to continue to work in the area of his or her expertise.

When filing a petition for a person with extraordinary ability, the petitioner must submit evidence that the person has sustained national or international acclaim and that the person's achievements have been recognized in the field of expertise. In determining whether the beneficiary has enjoyed "sustained" national or international acclaim, the officer should consider that such acclaim must be maintained. However, the term sustained does not imply an age limit on the beneficiary. A beneficiary may be very young or early in his or her career and still be able to show sustained acclaim. There is also no definitive time frame on what constitutes sustained.

If a person was recognized for a particular achievement, the officer should determine whether the person continues to maintain a comparable level of acclaim in the field of expertise since the person was originally afforded that recognition. A person may, for example, have achieved national or international acclaim in the past but then failed to maintain a comparable level of acclaim thereafter.

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Licensed U.S. Immigration Counsel

Ana Kamkhadze, Esq.

Significant expertise in U.S. Immigration and Naturalization Law for almost a decade. 

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