Extraordinary Green Card for Famous Person

An alien may apply for an immigrant visa as a person of extraordinary ability. Under this category, alien may apply him/herself. Applicant does not need an employer to file a petition. However, the applicant must show that he/she will in the same field of his extraordinary capacity.

You may be eligible for an employment-based, first-preference visa if you have an extraordinary ability, are an outstanding professor or researcher, or are a multinational executive or manager.

You may be eligible for an employment-based, first-preference visa if you have an extraordinary ability, are an outstanding professor or researcher, or are a multinational executive or manager.

You may be eligible for an employment-based, first-preference visa if you have an extraordinary ability, are an outstanding professor or researcher, or are a multinational executive or manager.

If an alien has following three things he may file EB-1 petition.

  1. The alien has extraordinary ability in the sciences, arts, education, business, or athletic which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation.
  2. The alien seeks to enter the United States to continue work in the area of extraordinary ability, and
  3. The alien’s entry into the United States will substantially benefit prospectively the United States.

Extraordinary ability means a level of expertise indicating that the individual is one of that small percentage who has risen to the very top of the field of endeavor. 

Source: 8 C.F.R. § 204.5(h)

The following three out of ten lists may show that an alien is qualified for extraordinary ability visa petition.

Source: 8 C.F.R. § 204.5(h)(3)(i)-(x).

The ten factual standards for EB1 are as follows:

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

Please take notice that this is not a legal advice. If you need legal advice, please contact Bhurtel Law Firm.
Published: 03/19/2017 | Updated: 08/29/2017 None| Source: Bhurtel Law Firm, USCIS, United States Department of Labor