This green card category is available to individuals who have reached the top of their fields of endeavor, including the sciences, arts, education, business or athletics. This is often referred to as an “Einstein visa,” although this visa type is less difficult to prove than many think.

 

Frequently Asked Questions
 

Who qualifies for an EB-1 Extraordinary Ability petition?
Individuals who are accomplished and experienced within their fields are often the best candidates for EB-1 Extraordinary Ability petitions. However, younger and less experienced applicants can also qualify for this category depending on their achievements. 
 

How do you prove you have extraordinary ability?
There are two ways to prove your extraordinary ability in your field.
First, you can prove that you have receipt of a “significant national or international award,” in your field of expertise. This one-time achievement can qualify you for the green card. Typical examples of significant national or international awards are an Academy Award, Olympic Medal, Pulitzer Prize, Emmy Award, Grammy or Nobel Prize.
Alternatively, you can argue that you meet at least three of the following ten criteria:
•    Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
•    Evidence of your membership in associations in the field which demand outstanding achievement of their members
•    Evidence of published material about you in professional or major trade publications or other major media
•    Evidence that you have been asked to judge the work of others, either individually or on a panel
•    Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
•    Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
•    Evidence that your work has been displayed at artistic exhibitions or showcases
•    Evidence of your performance of a leading or critical role in distinguished organizations
•    Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
•    Evidence of your commercial successes in the performing arts
 

What qualifications do I need to qualify for an EB-1 Extraordinary Ability petition?
This depends on your profession! Often, scientists and academics can provide the following types of evidence:
•    Evidence of your membership in associations in the field which demand outstanding achievement of their members
•    Evidence that you have been asked to judge the work of others, either individually or on a panel
•    Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
•    Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
•    Evidence of your performance of a leading or critical role in distinguished organizations
 

Artists or creatives typically can submit these types of evidence:
•    Evidence of published material about you in professional or major trade publications or other major media
•    Evidence that you have been asked to judge the work of others, either individually or on a panel
•    Evidence that your work has been displayed at artistic exhibitions or showcases
•    Evidence of your performance of a leading or critical role in distinguished organizations
•    Evidence of your commercial successes in the performing arts
 

However, this often varies from person to person. The best way to evaluate the specific evidence you should provide for your EB-1 Extraordinary Ability petition is to schedule a consultation with an immigration attorney to review your qualifications in detail.
 

Can I sponsor myself for an EB-1 Extraordinary Ability petition?
Yes. EB-1 Extraordinary Ability petitions can be self-sponsored, which means that you do not need an employer sponsor in order to apply.
 

Is a PERM required for an EB-1 Extraordinary Ability petition?
No. This one of the benefits of EB-1 Extraordinary Ability petitions, as you can avoid the time and labor-intensive PERM process.
 

Can I premium process an EB-1 Extraordinary Ability petition?
Yes. The premium processing fee payable to USCIS for EB-1 Extraordinary Ability I-140 petitions is $2,500.