Extraordinary Ability Application Process - the "Two-Part Evaluation" for EB1 Aliens of Extraordinary Ability

The 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 ten types of evidence. USCIS adjudicator must use a two-part analysis to determine eligibility First, the adjudicator must determine if the applicant has, by a preponderance of the evidence, met at least three of the criteria, and then the adjudicator should consider all of the evidence in totality in making the final merits determination.

To evaluate whether the evidence provided meets at least three criteria, USCIS adjudicator must determine whether the application is supported by evidence of a one-time achievement (that is, a major, internationally recognized award). If it is not, then they must make a determination that is limited to whether the evidence submitted in the application meets at least three criteria as discussed above.

Meeting the minimum requirement of providing evidence relating to at least three criteria does not, in itself, establish that the alien in fact meets the requirements for classification as an Alien of Extraordinary Ability. In making this determination, the quality of the evidence, such as whether the judging responsibilities were internal and whether the scholarly articles (if pertinent to the occupation) are cited, is an appropriate consideration in the final merits determination.

In addition, the performance of the alien applicant at the so-called major-league level does not automatically establish that he or she meets the extraordinary ability standards. Also, U.S. Congress intended that in the absence of a one-time achievement, an alien could qualify for the classification based on a career of acclaimed work.

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