The EB-1A category is an employment-based immigrant visa available for individuals with extraordinary ability and contribution in the sciences, arts, education, business, or athletic fields. To qualify for EB-1A, an individual must have either (1) won a major internationally recognized award, such as Nobel Prize, Pulitzer, Academy Award, Olympic Medal, etc., or (2) satisfied at least three of the following ten qualifications enumerated under 8 C.F.R. § 204.5(h)(3):
(i) Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
(ii) 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) Publication in professional or major trade publications or other major media, relating to the alien’s work in the field. Such evidence shall include the title, date, and author of the material, and any necessary translation;
(iv) 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 original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
(vi) 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) Has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
(ix) 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.
In addition, while EB-1A petition is relieved from the U.S. employment offer or labor certification requirement, the qualifying individual must clearly demonstrate that he or she will continue to work in the area of expertise in the U.S. as a permanent resident. Once approved, the principal EB-1A petitioner’s spouse and unmarried children under 21 years of age may simultaneously immigrate with the principal petitioner.