The framework for any immigration legal case — is driven by the following foundations for legal analysis of your facts, going from broadest to narrowest.  This framework particularly applies to an Extraordinary Ability Case whether it is the EB-1A for self-sponsorship or the O-1 which is a sponsored Extraordinary Ability Case where a US entity must sponsor the person:

  • The Statute written by the U.S. Congress:  The Immigration & Nationality Act.
  • The Regulations (8 C.F.R.) drafted by the responsible Department (U.S. Dept of Homeland Security) under the President, to elucidate the Statute’s various sections.
  • Policy issued by the sub-agency which provides “How To” guidance on different case types including details/hints on submitting and adjudicating live cases.
  • Case Law which are clarifications hashed out in precedent  (and non-precedent) court cases where other people have fought the government for better interpretation of the laws.
  • The law firm’s methods for presenting YOUR case to U.S. CIS (and the consulate if they need to be involved)

Below please find our law firm’s version of the “Types of Evidence” we seek to support any EB-1A case.  But keep in mind we kick off cases with a series of calls to clarify everything, by phone and/or Teams Meetings.  The USCIS Policy Chapter on EB-1As: https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-2 is also very helpful.

Do you fit the Extraordinary Ability category?

Take the two-prong test.

  1. Is your profession categorized as falling under the arts (including culinary), sciences, business, education or athletics?  

If so,

  1. Can you supply substantial evidence supporting the claim that you are an individual of “extraordinary ability” in the recognized field of endeavor as defined by the INS?
  1. Required Supporting Documentation to show Extraordinary Ability

The US government provides the ability to qualify for EB-1(1) and other preferred visa categories if you have received ONE internationally significant and recognized reward OR a combination of THREE-OR-MORE lesser, but important international or national awards and recognition.  Please consider your ability to qualify under the higher standard first, and then proceed to the lesser groupings of evidence that may alternately qualify you for preferred visa categories.

Qualifying via one huge achievement

A.  Evidence of a one-time achievement/major internationally recognized award, such as the Nobel Prize, Pulitzer Prize, Academy Award etc.  

This sort of documentation of one’s record of achievement is, of course, rare.  If you have received such an award, please provide the following information:

  1. Title of award;
  2. Date received;
  3. Describe in detail the selective nature of the award (it’s criteria, process, reputation, etc.); 

and

  1. Evidence of the award (in the form of certificates, copies of plaques, photographs of the award, award ceremony programs, etc.).

… or Qualifying via the “3 of 10 TEST”

B.  Evidence of THREE-OR-MORE of the following types of documentation supporting the claim of individual of extraordinary ability.  The following numbered list provides examples of types of evidence you should be able to find and submit to US CIS.

1.  Documentation of receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.  If you have received such awards, please provide the following information for each award/prize:

  1. Title of award;
  2. Date received;
  3. Describe in detail the selective nature of the award (it’s criteria, process, reputation, etc.); 

and

  1. Evidence of the prizes (in the form of certificates, copies of plaques, photographs of the award, award ceremony programs, etc.)

2.  Documentation of membership in associations in the relevant field which require outstanding achievements of its members, as judged by recognized national or international experts in their disciplines or fields.  Please provide the following for each association:

  1. Name of association;
  2. Nature of association (importance/significance);
  3. Describe all requirements of membership (why outstanding achievement is a requirement for membership); and
  4. Evidence of membership in the form of certificates, letters from the organizations, etc. 

3.  Published material about you in professional or other major trade publications or major media, relating to your work in the recognized field.   Please provide:

  1. A description of the publication in which the material is published;
  2. The importance of the work or achievement the documentation represents;
  3. How the document helps to prove your extraordinary ability; and
  4. Copies of the published material, and list of all documents which include the title, date, and author of the material, and any necessary translation.
  5. See USCIS Policy Manual additions about modern evidence permitted

4.  Evidence of your participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of endeavor.  Examples include Ph.D. thesis direction, researcher selections for an entity, acting as a referee for a peer reviewed journal, writing critical review of others’ work in your field, etc.  Please provide the following for each occasion:

  1. Event of participation as a judge;
  2. Importance/significance of event where work judged;
  3. Requirements to be a judge for the event;
  4. Duties as a judge; and
  5. Evidence, in the form of letters from the associations for which you have acted as a judge, transmittal letters for papers to be reviewed, letters from educational institutions for which you served as a thesis advisor, etc.

5.  Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.  Please provide the following:

  1. Nature of contributions;
  2. Detailed description of its originality;
  3. Importance/significance of contribution; 
  4. Evidence of your original contribution.

[Examples include patents, original technological advancements, Ph.D. thesis, artwork, music composition, etc.]

6.  Evidence of your authorship of scholarly articles in the field, in professional or major trade publications or other major media.  Please provide:

  1. A description of the publication (importance/significance/reputation) in which the material is published;
  2. The importance of the work or achievement the documentation represents;
  3. How the document helps to prove your extraordinary ability;
  4. Copies of the published material, including the title, date, and author of the material, and any necessary translation.

NOTE: Your work might have been explained in media without saying your name. 

7.  Evidence that you have performed in a leading or critical role for organizations or establishments that have a distinguished reputation.

  1. The nature of your role with the organization; or a division of an organization 
  2.  Why your role was leading or critical;
  3.  How the organization or establishment or organization is distinguished;
  4. Documentation to establish the prominence of the establishment or organization in the form of promotional materials, brochures, press clippings, etc.; or video, podcast, etc 

8.  Evidence that you have commanded a high salary or other significantly high remuneration for services, in relation to others in the field. 

Please provide evidence of your salary or other remuneration and how it is significantly higher than others in your field.

9.  If applicable, evidence of the display of your work in the field at professional or artistic exhibitions or showcases.

  1. A description of the event;
  2. The importance of the art; and
  3. Evidence in the form of event programs, critical reviews, copies of covers of compact discs, event billings, promotional materials, etc.

10.  Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disc, or video sales. 

Please provide this evidence, as indicated above.

11.  In circumstances where the above standards do not readily apply to an occupation, immigration regulations permit comparable evidence to establish eligibility.  

Please provide any applicable evidence for this “catch-all” category.

II.  Your career and extraordinary ability in a narrative format.  

Please describe your academic (if relevant) and work history in chronological format in a narrative.  Be sure to include your greatest accomplishments/achievements, and their significance/importance.  Also describe how you have risen to the top of your field; and how you are recognized nationally or internationally as one of the select few in your field.  We are looking for the layering of specialized ability from a broader base of knowledge across the years with peaks of achievements that indicate extraordinary ability.

But National Interest Waiver applicants should be prepared to explain what they can do for the US (US people, and more than just their one company) — something that holds national interest to the goals of the United States.  It must rest on their national-in-scope experience; and a less-lengthy explanation of exceptional ability that underlies the future-ability to impact the United States.

III.  5-8 potential authors to provide testimonial letters attesting to ability.

These letters are critical to your extraordinary ability case and should come from leading experts and highly renowned individuals in your field of endeavor.  Obtaining letters from third party people who are not closely tied to you or who have had previous close ties are given more weight by the US CIS than the people who need you in the US now. However, letters from any high-level individuals who can clearly attest to your extraordinary achievements and who are familiar with your significant contributions are also helpful.  

We recommend you obtain letters from individuals in different geographical areas and with different organizations/companies, as it tends to “internationalize” support of your petition.  

We will help create draft testimonial letters after completion of this strategy worksheet, but the names of the individuals, their biographies, and a few words on how they know you are outstanding are welcome at the soonest possible time.  

Please do not forward letters directly to your authors without our prior review.  If you feel motivated to write the letters in draft, this is extremely helpful! But let us see them to edit them to integrate the case strategy with the entire case framework before sending the letters to the authors.

*    *    *

Thank you in advance for reaching out to our law firm. We look forward to understanding if you have made any original contributions to your field of ability and seeing your list of awards in national & international settings or knowing whether you have a track record that meets the 3-of-10 test of markers of extraordinary ability. Your membership in prestigious organizations and critical leadership roles are also often easier to document and are very important.  While being written up in newspaper articles or is very helpful, there are a number of ways that one can demonstrate extraordinary ability in their field. 

Once we determine if the case is potentially viable, in order to help determine if the evidence you begin to show us leads to a viable case, we will send an upload link to show us the items that help lay the foundation for your case

Please feel free to call to set up a consultation to discuss your resume and achievements by contacting us at 1-703-531-0790 or writing to info@langwallace.com.

Extraordinary Ability Cases

The framework for any immigration legal case — is driven by the following foundations for legal analysis of your facts, going from broadest to narrowest.  This framework particularly applies to an Extraordinary Ability Case whether it is the EB-1A for self-sponsorship or the O-1 which is a sponsored Extraordinary Ability Case where a US entity must sponsor the person:

  • The Statute written by the U.S. Congress:  The Immigration & Nationality Act.
  • The Regulations (8 C.F.R.) drafted by the responsible Department (U.S. Dept of Homeland Security) under the President, to elucidate the Statute’s various sections.
  • Policy issued by the sub-agency which provides “How To” guidance on different case types including details/hints on submitting and adjudicating live cases.
  • Case Law which are clarifications hashed out in precedent  (and non-precedent) court cases where other people have fought the government for better interpretation of the laws.
  • The law firm’s methods for presenting YOUR case to U.S. CIS (and the consulate if they need to be involved)

Below please find our law firm’s version of the “Types of Evidence” we seek to support any EB-1A case.  But keep in mind we kick off cases with a series of calls to clarify everything, by phone and/or Teams Meetings.  The USCIS Policy Chapter on EB-1As: https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-2 is also very helpful.

Do you fit the Extraordinary Ability category?

Take the two-prong test.

  1. Is your profession categorized as falling under the arts (including culinary), sciences, business, education or athletics?  

If so,

  1. Can you supply substantial evidence supporting the claim that you are an individual of “extraordinary ability” in the recognized field of endeavor as defined by the INS?
  1. Required Supporting Documentation to show Extraordinary Ability

The US government provides the ability to qualify for EB-1(1) and other preferred visa categories if you have received ONE internationally significant and recognized reward OR a combination of THREE-OR-MORE lesser, but important international or national awards and recognition.  Please consider your ability to qualify under the higher standard first, and then proceed to the lesser groupings of evidence that may alternately qualify you for preferred visa categories.

Qualifying via one huge achievement

A.  Evidence of a one-time achievement/major internationally recognized award, such as the Nobel Prize, Pulitzer Prize, Academy Award etc.  

This sort of documentation of one’s record of achievement is, of course, rare.  If you have received such an award, please provide the following information:

  1. Title of award;
  2. Date received;
  3. Describe in detail the selective nature of the award (it’s criteria, process, reputation, etc.); 

and

  1. Evidence of the award (in the form of certificates, copies of plaques, photographs of the award, award ceremony programs, etc.).

… or Qualifying via the “3 of 10 TEST”

B.  Evidence of THREE-OR-MORE of the following types of documentation supporting the claim of individual of extraordinary ability.  The following numbered list provides examples of types of evidence you should be able to find and submit to US CIS.

1.  Documentation of receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.  If you have received such awards, please provide the following information for each award/prize:

  1. Title of award;
  2. Date received;
  3. Describe in detail the selective nature of the award (it’s criteria, process, reputation, etc.); 

and

  1. Evidence of the prizes (in the form of certificates, copies of plaques, photographs of the award, award ceremony programs, etc.)

2.  Documentation of membership in associations in the relevant field which require outstanding achievements of its members, as judged by recognized national or international experts in their disciplines or fields.  Please provide the following for each association:

  1. Name of association;
  2. Nature of association (importance/significance);
  3. Describe all requirements of membership (why outstanding achievement is a requirement for membership); and
  4. Evidence of membership in the form of certificates, letters from the organizations, etc. 

3.  Published material about you in professional or other major trade publications or major media, relating to your work in the recognized field.   Please provide:

  1. A description of the publication in which the material is published;
  2. The importance of the work or achievement the documentation represents;
  3. How the document helps to prove your extraordinary ability; and
  4. Copies of the published material, and list of all documents which include the title, date, and author of the material, and any necessary translation.
  5. See USCIS Policy Manual additions about modern evidence permitted

4.  Evidence of your participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of endeavor.  Examples include Ph.D. thesis direction, researcher selections for an entity, acting as a referee for a peer reviewed journal, writing critical review of others’ work in your field, etc.  Please provide the following for each occasion:

  1. Event of participation as a judge;
  2. Importance/significance of event where work judged;
  3. Requirements to be a judge for the event;
  4. Duties as a judge; and
  5. Evidence, in the form of letters from the associations for which you have acted as a judge, transmittal letters for papers to be reviewed, letters from educational institutions for which you served as a thesis advisor, etc.

5.  Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.  Please provide the following:

  1. Nature of contributions;
  2. Detailed description of its originality;
  3. Importance/significance of contribution; 
  4. Evidence of your original contribution.

[Examples include patents, original technological advancements, Ph.D. thesis, artwork, music composition, etc.]

6.  Evidence of your authorship of scholarly articles in the field, in professional or major trade publications or other major media.  Please provide:

  1. A description of the publication (importance/significance/reputation) in which the material is published;
  2. The importance of the work or achievement the documentation represents;
  3. How the document helps to prove your extraordinary ability;
  4. Copies of the published material, including the title, date, and author of the material, and any necessary translation.

NOTE: Your work might have been explained in media without saying your name. 

7.  Evidence that you have performed in a leading or critical role for organizations or establishments that have a distinguished reputation.

  1. The nature of your role with the organization; or a division of an organization 
  2.  Why your role was leading or critical;
  3.  How the organization or establishment or organization is distinguished;
  4. Documentation to establish the prominence of the establishment or organization in the form of promotional materials, brochures, press clippings, etc.; or video, podcast, etc 

8.  Evidence that you have commanded a high salary or other significantly high remuneration for services, in relation to others in the field. 

Please provide evidence of your salary or other remuneration and how it is significantly higher than others in your field.

9.  If applicable, evidence of the display of your work in the field at professional or artistic exhibitions or showcases.

  1. A description of the event;
  2. The importance of the art; and
  3. Evidence in the form of event programs, critical reviews, copies of covers of compact discs, event billings, promotional materials, etc.

10.  Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disc, or video sales. 

Please provide this evidence, as indicated above.

11.  In circumstances where the above standards do not readily apply to an occupation, immigration regulations permit comparable evidence to establish eligibility.  

Please provide any applicable evidence for this “catch-all” category.

II.  Your career and extraordinary ability in a narrative format.  

Please describe your academic (if relevant) and work history in chronological format in a narrative.  Be sure to include your greatest accomplishments/achievements, and their significance/importance.  Also describe how you have risen to the top of your field; and how you are recognized nationally or internationally as one of the select few in your field.  We are looking for the layering of specialized ability from a broader base of knowledge across the years with peaks of achievements that indicate extraordinary ability.

But National Interest Waiver applicants should be prepared to explain what they can do for the US (US people, and more than just their one company) — something that holds national interest to the goals of the United States.  It must rest on their national-in-scope experience; and a less-lengthy explanation of exceptional ability that underlies the future-ability to impact the United States.

III.  5-8 potential authors to provide testimonial letters attesting to ability.

These letters are critical to your extraordinary ability case and should come from leading experts and highly renowned individuals in your field of endeavor.  Obtaining letters from third party people who are not closely tied to you or who have had previous close ties are given more weight by the US CIS than the people who need you in the US now. However, letters from any high-level individuals who can clearly attest to your extraordinary achievements and who are familiar with your significant contributions are also helpful.  

We recommend you obtain letters from individuals in different geographical areas and with different organizations/companies, as it tends to “internationalize” support of your petition.  

We will help create draft testimonial letters after completion of this strategy worksheet, but the names of the individuals, their biographies, and a few words on how they know you are outstanding are welcome at the soonest possible time.  

Please do not forward letters directly to your authors without our prior review.  If you feel motivated to write the letters in draft, this is extremely helpful! But let us see them to edit them to integrate the case strategy with the entire case framework before sending the letters to the authors.

*    *    *

Thank you in advance for reaching out to our law firm. We look forward to understanding if you have made any original contributions to your field of ability and seeing your list of awards in national & international settings or knowing whether you have a track record that meets the 3-of-10 test of markers of extraordinary ability. Your membership in prestigious organizations and critical leadership roles are also often easier to document and are very important.  While being written up in newspaper articles or is very helpful, there are a number of ways that one can demonstrate extraordinary ability in their field. 

Once we determine if the case is potentially viable, in order to help determine if the evidence you begin to show us leads to a viable case, we will send an upload link to show us the items that help lay the foundation for your case

Please feel free to call to set up a consultation to discuss your resume and achievements by contacting us at 1-703-531-0790 or writing to info@langwallace.com.

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