1 Extraordinary Individuals

For those who are in the highest percentile of their field or profession, applying for the extraordinary category (EB1) may be your best bet.

However, the standards are rigorous and few people are qualified. We have compiled the following pages to help you determine whether you can apply for this category.

If you can, you'll be able to avoid going through labor certification, a timely and costly process, and you'll be able to apply without the sponsorship of an employer. Should you need professional legal assistance with your application, our law firms and legal staff is ready to assist you competently and expeditiously.

The extraordinary category: how can I use it to apply for a green card?
If you have "extraordinary ability in the sciences, arts, education, business or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation," then you will qualify as a worker of extraordinary ability. If you are the absolute best at what you do and are a member of the "small percentage who have risen to the very top of the field of endeavor", then you can apply under this subcategory.

A few things to note:

· The extraordinary ability subcategory does not require a job offer. Therefore, no labor certification is required. Consequently, aliens can petition for themselves without needing the assistance of an employer. However, it will be important for the alien to establish that he will continue to work in the area of his specialty. This may be shown by submitting offer letters from potential employers.

· Receipt of an internationally recognized award. If you are accomplished enough to have received an award of such magnitude as the Nobel Peace Prize, this alone, may qualify the alien for this subcategory.

· Alternative evidence: 8 CFR Section 204.5(h)(4) permits aliens who possess three of the following types of evidence to also qualify:

1. Receipt of lesser recognized prizes or awards of excellence
2. Membership in associations in the field which demand outstanding achievement of their members.
3. Published material about the alien.
4. Evidence that the alien is the judge of the work of others.
5. Evidence of the alien's original contributions of major significance to the field.
6. Authorship of scholarly articles.
7. Display of the alien's work at artistic exhibitions or showcases.
8. Evidence the alien has performed in a leading or critical role for organizations that have a distinguished reputation.
9. Evidence that the alien commands high remuneration in relation to others in the field.
10. Evidence of commercial success in the performing arts.

For the application, Form I-140 is used. The alien may file this on his own or have his employer do the filing. Supporting documents must be included. The entire packet will be sent to the INS Service Center, which has jurisdiction over the site that the alien will work.

How can I show that I am extraordinary?
One way to determine whether an applicant seeking a green card as an extraordinary individual is "one of the small percentage who has risen to the very top" is to compare herself to others in her field of expertise. She has a better chance of showing that she is extraordinary if she can show that she is not the typical person in her line of work.

For scientists and researchers, publishing papers and articles is a common product of their research. If a scientist applying as an extraordinary individual can show that her publications have appeared in the most prestigious scientific journals, this will help establish her as an extraordinary applicant. Furthermore, if her work is commonly referred to and cited by other articles or if she is frequently asked to sit on panels and review other peopleÕs work, these will help demonstrate her qualifications as an extraordinary alien.

An athletes can also demonstrate her extraordinary ability by comparing herself to others. A soccer player can show that she has longer playing time compared to the average soccer player. She can show that she gets paid more than the typical player. Inclusion of her statistics and those of the league average will help to show that she is a special player. Winning awards like Most Valuable Player also reflect her uniqueness as a player.

The important issue to keep in mind when applying for the extraordinary category is uniqueness. The applicant has to show that he is not the normal average individual in his field. Although it may take years of studying and training to be able to just participate in his field, that is not enough. The applicant has to show that he truly stands out among the crowd in his knowledge, skills, and talent.

Extraordinary petitions require what kind of supporting documents?
In a July 30, 1992 letter from L. Weinig who was serving as Acting Assistant Commissioner, we are given helpful insight into what the INS considers to be helpful supporting documents.

1. Peer reviewed presentations at academic symposia;
2. Peer-reviewed articles in scholarly journals;
3. Testimony from other scholars about how the applicant has contributed to the academic field;
4. A significant number of entries in a citation index which cite the alienÕs work as authoritative; in the field;
5. Participation by the alien as a reviewer for a peer-reviewed scholarly journal;
6. Thesis direction, especially for Ph.D. thesis.

The letter also provides a description of supporting documents that the INS considers to have little or no value.

1. A book written by the alien that is written by a "vanity" press;
2. A footnoted reference to the applicantÕs work that has not been evaluated;
3. An unevaluated listing in a subject matter index;
4. A negative or neutral review of the applicantÕs work.