EB 1-1 Visa for Immigrants with Extraordinary Abilities
The EB 1-1 Visa is the most enticing immigrant visa that the United States has to offer. Also known as the EB 1-A or Extraordinary Abilities Visa, the EB 1-1 visa is available to any immigrant who can persuasively demonstrate being at the top of his or her field of endeavor and having “extraordinary abilities.”
Qualifying immigrants are offered many unique immigration benefits, including the ability to self-petition (without an employment offer), bypass the burdensome labor certification process, and premium process.
Who Can Obtain an Extraordinary Abilities Visa?
The EB 1-1 visa is available to individuals in almost any profession or career. The statute specifically provides that the extraordinary abilities visa is available to those in the sciences, arts, education, business, or athletics. Whether you are a chef or a scientist- the extraordinary abilities visa is probably available in your field of expertise.
What are the Requirements for EB 1-1 Immigrant Status?
The short answer is this:
An applicant must demonstrate “extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim.” To demonstrate “extraordinary ability” an applicant must either:
- Demonstrate receiving a major, internationally recognized award in his or her field, or
- By demonstrating that an applicant meets three of ten criteria that are laid out in the immigration regulations. The criteria examine such factors as an applicant’s scientific publications, novel work, commercial success, awards, and distinguished positions of leadership, among others.
The vast majority of applicants secure EB 1-1 visas through the second approach. However, the EB 1-1 standard is not met simply by crossing off three of the ten criteria, and must be examined more closely to be better understood. Please review the extraordinary abilities visa legal overview below for further explanation.
Overview of Extraordinary Abilities Visa
Table of Contents
Extraordinary Abilities Visa: Frequently Asked Questions
EB 1-A Visa Process to Gain Permanent Residency
EB 1-A Visa Legal Requirements
Articles and Discussions About the Extraordinary Abilities Visa
Recent Government Reports on the EB 1-A Visa
EB 1-1 Visa: Frequently Asked Questions
Which family members can an EB 1-1 visa holder help? How?
The principal EB 1-1 visa petitioner can immediately provide permanent residency status to his or her spouse and minor children (under the age of 21 and unmarried). As permanent residents, the spouse and children will be able to work and study in the United States without much restriction. Additionally, both the spouse and children will be able to become American citizens after five years (if they otherwise qualify).
Can an EB 1-1 Visa holder self-petition? What does self-petition mean?
Yes. An EB 1-1 Visa applicant can self-petition. This means that an applicant does not require an employment offer. Instead, an EB 1-1 applicant must demonstrate a willingness and ability to enter the United States and continue working in the field of endeavor.
Is the EB 1-1 Visa only available to Nobel Prize Winners?
No, absolutely not. The Nobel Prize is only offered as an example of a major international award. Most EB 1-1 visa holders do not obtain the visa by receiving a major international award. Instead, a vast majority of individuals who apply for EB 1-1 visa status apply through the option that requires meeting three of the ten factors.
Is the EB 1-1 Visa the same as the EB 1-a Visa?
Yes. The extraordinary abilities visa is often called either the EB 1-1 visa or the EB 1-a visa. Both names refer to the extraordinary abilities visa. What do they mean? The EB stands for “employment-based” as it is a visa that is based upon a person’s employment. The 1-A refers to where the Immigration & Nationality Act lays out the extraordinary abilities visa – INA § 203(b)(1)(A). So, what does the 1-1 refer to? It doesn’t really refer to anything. Instead, it is just a term that has made it into the immigration law nomenclature. Whether you hear an immigration attorney refer to EB 1-1 or EB 1-A – he or she will probably be referring to the extraordinary abilities visa.
How many Principal EB 1-1 Visas are issued each year?
| Fiscal Year |
EB 1-1 Total |
EB 1-1 Consular Processing |
EB 1-1 Adjustment of Status |
||
|
2010 |
4309 |
491 |
3818 |
||
|
2009 |
3442 |
308 |
3134 |
||
|
2008 |
3261 |
313 |
2948 |
||
|
2007 |
2243 |
445 |
1798 |
||
|
2006 |
3339 |
670 |
2669 |
||
|
2005 |
5089 |
470 |
4619 |
||
|
2004 |
2396 |
350 |
2046 |
||
|
2003 |
1224 |
590 |
634 |
||
|
2002 |
2881 |
820 |
2061 |
||
|
2001 |
3376 |
1059 |
2317 |
||
|
2000 |
2002 |
504 |
1498 |
||
|
1999 |
1250 |
404 |
846 |
||
|
1998 |
1691 |
382 |
1309 |
||
|
1997 |
2097 |
60 |
2037 |
||
|
1996 |
2060 |
402 |
1658 |
||
|
1995 |
1194 |
320 |
874 |
||
|
1994 |
1313 |
501 |
812 |
||
|
1993 |
1259 |
445 |
814 |
||
|
1992 |
261 |
84 |
177 |
Statistics from Department of Homeland Security’s Yearbook of Immigration Statistics
Does an applicant have to be in the United States to apply for EB 1-1 Visa?
No. An EB 1-1 visa applicant does not need to be in the United States to apply. As demonstrated above, in a majority of cases, EB 1-1 visa applicants are in the United States on another type of immigration status.
How long must an EB 1-1 Visa holder wait until becoming a U.S. citizen?
An immigrant who becomes a lawful permanent resident through an EB 1-1 Visa must normally wait five years before becoming a naturalized U.S. citizen. However, an EB 1-1 visa holder who is thinking about becoming a naturalized U.S. citizen should consult a naturalization attorney to ensure his or her eligibility before applying.
A spouse or child of the primary EB 1-1 must also normally wait five years before naturalizing. In certain circumstances, minor children automatically become U.S. citizens when their parents naturalize.
What other options might an EB 1-1 Visa Applicant Have?
A person who is eligible for EB 1-1 Visa status may be eligible for other immigrant categories that provide sufficient options to the applicant. Outstanding Researchers and Professors can try for the EB 1-2 Visa. Additionally, individuals who are doing work that can be viewed as being “in the national interest” may be eligible to obtain a national interest waiver. Other individuals may be able to obtain permanent residency through the EB-2 visa process.
Applicants may also obtain nonimmigrant visas while continuing to improve their eligibility for an EB 1-1 immigrant visa. For example, an applicant may be eligible for the O-1 visa or the H-1B visa.
The EB 1-1 Visa is the most appealing visa the United States has to offer. However, it is also the most difficult to obtain. If you are thinking of applying for an EB 1-1 visa, first sit down with an attorney who can lay out the best options for you.
EB -1-1 Visa Process
The process for obtaining permanent residency through the EB 1-A Visa is not as simple as some may think. Obtaining approval of the EB 1-A visa petition does not guarantee permanent residency. Instead, an applicant must pass through another set of requirements before gaining permanent residency.
The exact process depends upon whether an applicant is inside or outside of the United States.
If In the United States
If in the United States, an Eb 1-2 applicant can petition for the extraordinary abilities visa while also applying for “adjustment of status” to become a permanent resident.
The USCIS will review the EB 1-1 visa petition to determine whether the applicant meets the requirements for the visa. If premium processing is requested, the USCIS will make an initial decision within 15 days of the application’s submission. If premium processing is not requested, then the USCIS will not make an initial decision after four to five months (under current processing times).
The USCIS’s initial decision will either be approval of the EB 1-1 visa petition, or a request for further evidence (RFE) of an applicant’s eligibility for the visa. If the initial decision is a RFE, an applicant will be provided about eighty days to submit additional documentation of eligibility. Once the RFE Response is submitted, the USCIS will make a final determination as to an applicant’s eligibility. If a final determination is unfavorable, it is possible to appeal the decision. Before an appeal is made, it is imperative to discuss the option with an immigration appeals lawyer.
Once the EB 1-1 visa petition is approved, the USCIS will adjudicate the “adjustment of status” application. Once approved, the USCIS grants permanent residency to the EB 1-1 applicant, and his or her qualifying applicants (if included in the petition).
In certain circumstances, it may be useful (or necessary) for an applicant in the United States to consular process and follow a process very similar to the process for applicant’s outside of the United States. Additionally, it is possible to apply for the EB 1-1 Visa and, upon approval, then submit the “adjustment of status” application.
If Outside of the United States
If an applicant is outside of the United States, the process to become a permanent resident is different than the process for applicants within the United States. The process has two distinct steps. First, an applicant must submit an EB 1-1 visa petition to the USCIS. The USCIS will review the petition and determine whether the applicant meets the requirements for the visa. If premium processing is requested, the USCIS will make an initial decision within 15 days of the applications submission. If premium processing is not requested, then the USCIS will not make an initial decision after four to five months (under current processing times).
The USCIS’s initial decision will either be approval of the EB 1-1 visa petition, or a request for further evidence (RFE) of an applicant’s eligibility for the visa. If the initial decision is a RFE, an applicant will be provided about eighty days to submit additional documentation of eligibility. Once the RFE Response is submitted, the USCIS will make a final determination as to an applicant’s eligibility. If a final determination is unfavorable, it is possible to appeal the decision. Before an appeal is made, it is imperative to discuss the option with an immigration appeals lawyer.
Once the USCIS approves the extraordinary abilities visa petition, it will forward the approved petition to the State Department. The State Department will complete the process by preparing the petition for transfer to a U.S. consulate where the beneficiary will attend a consular interview. The U.S. consulate can be chosen by the beneficiary when the initial application is submitted, and is ordinarily the U.S. consulate covering the location where the beneficiary resides. At the consulate, the applicant will be interviewed by a consular official to ensure his or her eligibility for entering into the United States.
EB 1-A Visa Immigration Law Overview
Extraordinary Abilities Visa
To understand the extraordinary abilities visa’s legal standard, it is necessary to read the U.S. federal statute, the Immigration and Nationality Act, the Immigration agency’s regulations and recent memoranda, and to read and understand recent immigration cases involving the extraordinary abilities visa.
The following includes many of the legal documents; however, to ensure your best possible chance of success, it is imperative to retain a knowledgeable extraordinary abilities visa lawyer. Knowing what the law states, what the law means, and how the immigration process actually works is key to success.
The Statute: 8 U.S.C. §1153 (INA § 203)
(b) Preference allocation for employment-based immigrants
Aliens subject to the worldwide level specified in section 1151 (d) of this title for employment-based immigrants in a fiscal year shall be allotted visas as follows:
(1) Priority workers
Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C):
(A) Aliens with extraordinary ability
An alien is described in this subparagraph if—
(i) the alien has 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,
(ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and
(iii) the alien’s entry into the United States will substantially benefit prospectively the United States.
The Regulations: 8 C.F.R. § 204.5 Petitions for employment-based immigrants.
(h) Aliens with extraordinary ability.
(1) An alien, or any person on behalf of the alien, may file an I–140 visa petition for classification under section 203(b)(1)(A) of the Act as an alien of extraordinary ability in the sciences, arts, education, business, or athletics.
(2) Definition. As used in this section:
Extraordinary ability means a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor.
(3) Initial evidence. A petition for an alien of extraordinary ability must be accompanied by evidence that the alien has sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise. Such evidence shall include evidence of a one-time achievement (that is, a major, international recognized award), or at least three of the following:
(i) Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
(ii) 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;
(iii) 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;
(iv) 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 specification for which classification is sought;
(v) Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
(vi) Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media;
(vii) Evidence of the display of the alien’s work in the field at artistic exhibitions or showcases;
(viii) Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
(ix) Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or
(x) Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.
(4) If the above standards do not readily apply to the beneficiary’s occupation, the petitioner may submit comparable evidence to establish the beneficiary’s eligibility.
(5) No offer of employment required. Neither an offer for employment in the United States nor a labor certification is required for this classification; however, the petition must be accompanied by clear evidence that the alien is coming to the United States to continue work in the area of expertise. Such evidence may include letter(s) from prospective employer(s), evidence of prearranged commitments such as contracts, or a statement from the beneficiary detailing plans on how he or she intends to continue his or her work in the United States.
Recent EB 1-1 Visa Immigration Agency Memoranda
December 22, 2010 PM-602-0005.1
December 22, 2010
Policy Memorandum
SUBJECT: Evaluation of Evidence Submitted with Certain Form I-140 Petitions; Revisions to the Adjudicator’s Field Manual (AFM) Chapter 22.2, AFM Update AD11-14
Purpose
This Policy Memorandum (PM) provides guidance regarding the analysis that U.S. Citizenship and Immigration Service (USCIS) officers who adjudicate these petitions should use when evaluating evidence submitted in support of Form I-140, Immigrant Petition for Alien Worker, filed for:
Aliens of Extraordinary Ability under section 203(b)(1)(A) of the Immigration and Nationality Act (INA);
Outstanding Professors or Researchers under section 203(b)(1)(B) INA; and
Aliens of Exceptional Ability under section 203(b)(2) INA.
The purpose of this PM is to ensure that USCIS processes Form I-140 petitions filed under these employment-based immigrant classifications with a consistent standard.
In addition, this PM revises AFM Chapter 22.2 to clarify that USCIS will make successor-in-interest (SII) determinations in Form I-140 petitions supported by an approved labor certification application if the transfer of ownership took place anytime while such application for labor certification was still pending or after the labor certification was approved by the Department of Labor (DOL).1
Lastly, this PM revises AFM Chapter 22.2 to update the DOL e-mail address for USCIS officers to use when making duplicate labor certification application requests.
Scope
This PM rescinds and supersedes all previously published policy guidance2 issued by USCIS and the legacy Immigration and Naturalization Service (INS) specific to the evaluation of required initial evidence submitted in support of Form I-140 petitions under Title 8 Code of Federal Regulations (8 CFR) sections 204.5(h)(3) and (4), 204.5(i)(3)(i), and 204.5(k)(3)(ii). Unless specifically exempted herein, this PM applies to all USCIS officers adjudicating these petitions.
Authority
The Department of Homeland Security (DHS) has delegated to USCIS the authority to make determinations of eligibility in immigrant petitions filed under INA 203(b) and 8 CFR 204.5. See INA 103(a) generally.
Background
USCIS and INS have consistently recognized that Congress intended to set a very high standard for individuals seeking immigrant classifications as aliens of extraordinary ability.3 In order to qualify for admission in this classification, an alien must, among other things, demonstrate sustained national or international acclaim and that his or her achievements have been recognized in the alien’s field of expertise in accordance with INA 203(b)(1)(A). Qualification under this classification is reserved for the small percentage of individuals at the very top of their fields of endeavor.8 CFR 204.5(h)(2).
The regulation at 8 CFR 204.5(h)(3), published in the Federal Register at 56 Fed. Reg. 60897 (Nov. 29, 1991), provides that a petition for an alien of extraordinary ability must be accompanied by initial evidence that the alien has achieved the requisite acclaim and recognition in the alien’s field of expertise. Such evidence must be either a one-time achievement (that is, a major, internationally recognized award) or at least three out of the ten other types of evidence listed in the regulation (e.g., scholarly articles, high salary, commercial successes).
The statutory provision for the Outstanding Professor or Researcher immigrant classification at INA 203(b)(1)(B) requires that the alien be recognized internationally as outstanding in a specific academic field. Outstanding Professors or Researchers should stand apart in the academic community through eminence and distinction based on international recognition.4 The regulation at 8 CFR 204.5(i)(3)(i) requires a petition for an outstanding professor or researcher to be accompanied by evidence that the professor or researcher is recognized internationally as outstanding in the academic field specified in the petition. This evidence must consist of at least two out of the six types of evidence listed in the regulation (e.g., major prizes, membership in associations).
The statutory provision for the Alien of Exceptional Ability immigrant classification at INA 203(b)(2)(A) requires that the alien will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States because of his or her exceptional ability in the sciences, arts, or business. The alien must also have a job offer from a U.S.
employer to provide services in the sciences, arts, professions, or business.5 The regulation at 8 CFR 204.5(k)(2) defines exceptional ability in the sciences, arts, or business as having a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business. The regulation at 8 CFR 204.5(k)(3)(ii) requires that a petition for this immigrant classification must be accompanied by documentation consisting of at least three out of six types of evidence listed in the regulation (e.g., academic record, professional license, membership in professional associations).
In 2010, the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) reviewed the Administrative Appeals Office’s (AAO) dismissal of a petitioner’s appeal of a denial of a petition filed under 203(b)(1)(A) of the INA. Kazarian v. USCIS, 596 F.3d 1115 (9 Cir. 2010)th. Although affirming the decision, the Ninth Circuit found that the AAO erred in its evaluation of the initial evidence submitted with the petition pursuant to 8 CFR 204.5(h)(3). Specifically, the Ninth Circuit concluded that while USCIS may have raised legitimate concerns about the significance of the evidence submitted, those concerns should have been raised in a subsequent “final merits determination” of whether the petitioner has the requisite extraordinary ability. Id. at 1122. The Ninth Circuit further stated that the concerns were “not relevant to the antecedent procedural question of whether the petitioner has provided at least three types of evidence.” Id. at 1121.
USCIS agrees with the Kazarian court’s two-part adjudicative approach to evaluating evidence submitted in connection with petitions for aliens of extraordinary ability: (1) Determine whether the petitioner or self-petitioner has submitted the required evidence that meets the parameters for each type of evidence listed at 8 CFR 204.5(h)(3); and (2) Determine whether the evidence submitted is sufficient to demonstrate that the beneficiary or self-petitioner meets the required high level of expertise for the extraordinary ability immigrant classification during a final merits determination. By contrast, the approach taken by USCIS officers in Kazarian collapsed these two parts and evaluated the evidence at the beginning stage of the adjudicative process, with each type of evidence being evaluated individually to determine whether the self-petitioner was extraordinary.
The two-part adjudicative approach to evaluating evidence described in Kazarian simplifies the adjudicative process by eliminating piecemeal consideration of extraordinary ability and shifting the analysis of overall extraordinary ability to the end of the adjudicative process when a determination on the entire petition is made (the final merits determination). Therefore, under this approach, an objective evaluation of the initial evidence listed at 8 CFR 204.5(h)(3) will continue as before; what changes is when the determination of extraordinary ability occurs in the adjudicative process. USCIS believes that this approach will lead to decisions that more clearly explain how evidence was considered, the basis for the overall determination of eligibility (or lack thereof), and greater consistency in decisions on petitions for aliens with extraordinary ability.
This approach is equally applicable to the evaluation of evidence in the adjudication of petitions for outstanding professors or researchers and aliens of exceptional ability. Similar evidentiary requirements and qualitative analyses apply to these types of petitions. Therefore, a similar adjudication process also should apply.
Policy
In order to promote consistency in decision-making, USCIS officers should use a two-part approach for evaluating evidence submitted in support of all petitions filed for Aliens of Extraordinary Ability, Outstanding Professors or Researchers, and Aliens of Exceptional Ability. USCIS officers should first objectively evaluate each type of evidence submitted to determine if it meets the parameters applicable to that type of evidence described in the regulations (also referred to as “regulatory criteria”). USCIS officers then should consider all of the evidence in totality in making the final merits determination regarding the required high level of expertise for the immigrant classification.
Proof
USCIS officers are reminded that the standard of proof for most administrative immigration proceedings, including petitions filed for Aliens of Extraordinary Ability, for Outstanding Professors or Researchers, and for Aliens of Exceptional Ability is the “preponderance of the evidence” standard. See Matter of Chawathe, 25 I&N Dec. 369 (AAO 2010). Thus, if the petitioner submits relevant, probative, and credible evidence that leads USCIS to believe that the claim is “more likely than not” or “probably true,” the petitioner has satisfied the standard of proof. Matter of E-M-, 20 I&N Dec. 77, 79-80 (Comm’r 1989); see also U.S. v. Cardozo-Fonseca, 480 U.S. 421 (1987) (discussing “more likely than not” as a greater than 50% chance of an occurrence taking place).
If a petitioner provides initial evidence (including but not limited to articles, publications, reference letters, expert testimony, support letters) that is probative (e.g., does not merely recite the regulations) and credible, USCIS officers should objectively evaluate such initial evidence under a preponderance of the evidence standard to determine whether or not it is acceptable. In other words, USCIS officers may not unilaterally impose novel substantive or evidentiary requirements beyond those set forth in the regulations, but instead should evaluate the evidence to determine if it falls within the parameters of the regulations applicable to that type of evidence by a preponderance of the evidence standard. USCIS officers should then evaluate the evidence together when considering the petition in its entirety to determine if the petitioner has established by a preponderance of the evidence that the self-petitioner or beneficiary has the required high level of expertise for the immigrant classification.
Implementation
Effective December 22, 2010, USCIS officers are to follow the amended procedures in this update of the AFM, AD11-14, in the adjudication of all Form I-140 petitions filed for Aliens of Extraordinary Ability, Outstanding Professors or Researchers, and for Alien of Exceptional Ability pending as of that date, as follows:
F 1. Paragraph (1)(A) of Chapter 22.2(i) of the AFM is revised to read as follows:
(A) Evaluating Evidence Submitted in Support of a Petition for an Alien of Extraordinary Ability. 8 CFR 204.5(h)(3) and (4) describe the various types of evidence that must be submitted in support of an I-140 petition for an alien of extraordinary ability. In general, the petition must be accompanied by initial evidence that: (a) the alien has sustained national or international acclaim; and (b) the alien’s achievements have been recognized in the field of expertise. This initial evidence must include either evidence of a one-time achievement (i.e., a major international recognized award, such as the Nobel Prize), or at least three of the types of evidence listed in 8 CFR 204.5(h)(3).
USCIS officers should use a two-part analysis to evaluate the evidence submitted with the petition to demonstrate eligibility under 203(b)(1)(A) of the INA. First, USCIS officers should evaluate the evidence submitted by the petitioner to determine, by a preponderance of the evidence, which evidence objectively meets the parameters of the regulatory description applicable to that type of evidence (referred to as “regulatory criteria”). Second, USCIS officers should evaluate the evidence together when considering the petition in its entirety for the final merits determination regarding the required high level of expertise for the immigrant classification.
Part One: Evaluate Whether the Evidence Provided Meets any of the Regulatory Criteria. The determination in Part One is limited to determining whether the evidence submitted with the petition is comprised of either a one-time achievement (that is, a major, internationally recognized award) or at least three of the ten regulatory criteria listed at 8 CFR 204.5(h)(3) (as discussed below), applying a preponderance of the evidence standard.
Note: While USCIS officers should consider the quality and caliber of the evidence when required by the regulations to determine whether a particular regulatory criterion has been met, USCIS officers should not make a determination regarding whether or not the alien is one of that small percentage who have risen to the very top of the field or if the alien has sustained national or international acclaim in Part One of the case analysis. See the table below for guidance on the limited determinations that should be made in Part One of the E11 analysis: PM-602-0005.1: Evaluation of Evidence Submitted with Certain Form I-140 Petitions; Revisions to the Adjudicator’s Field Manual (AFM) Chapter 22.2, AFM Update AD11-14 Page 6 Part One Analysis of Evidence Submitted Under 8 CFR 204.5(h)(3) and (4)
Note: In some cases, evidence relevant to one criterion may be relevant to other criteria set forth in 8 CFR 204.5(h)(3).
Regulation Limited Determination 8 CFR 204.5(h)(3)(i): Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor; 1. Determine if the alien was the recipient of prizes or awards. The description of this type of evidence in the regulation provides that the focus should be on the alien’s receipt of the awards or prizes, as opposed to his or her employer’s receipt of the awards or prizes. 2. Determine whether the alien has received lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
Relevant considerations regarding whether the basis for granting the prizes or awards was excellence in the field include, but are not limited to:
The criteria used to grant the awards or prizes;
The national or international significance of the awards or prizes in the field; and
The number of awardees or prize recipients as well as any limitations on competitors (an award limited to competitors from a single institution, for example, may have little national or international significance).
8 CFR 204.5(h)(3)(ii): Documentation of the alien’s membership in associations in the field for which classification is sought, which require outstanding achievements of their 1. Determine if the association for which the alien claims membership requires that members have outstanding achievements in the field as judged by recognized experts in that field. The petitioner must show that membership in the associations is based on the alien being judged by recognized national or international experts as having attained outstanding achievements in the field for which classification is sought. For example, admission to membership in the National Academy of Sciences as a Foreign Associate requires individuals to be nominated by an academy member, and membership is ultimately granted based upon recognition of the individual’s distinguished achievements in original research. See
1 See USCIS memorandum, Successor-in-Interest Determinations in Adjudication of Form I-140 Petitions; Adjudicators Field Manual (AFM) Update to Chapter 22.2(b)(5) (AD09-37), dated August 6, 2009. It is noted on page 7 of that memorandum that SII determinations could only be made in cases where the labor certification application had been approved prior to the transfer of ownership.
2 AFM sections that have not been updated by this memo shall remain in effect.
3 See House Report 101-723, 1990 U.S.C.C.A.N. 6710. (Sep. 19, 1990), 56 FR 60897 (Nov. 29, 1991).
4 See 56 Fed. Reg. 30703 (July 5, 1991).
5 No job offer is required for an alien of exceptional ability under INA 203(b)(2) if a waiver of the job offer in the national interest (NIW) is granted under INA 203(b)(2)(B).
