CASE: I-140 / EB-11 (Alien of extraordinary ability)
CLIENT: Indian Plant Biotechnologist
LOCATION: Raleigh, NC
Our client contacted us in March 2014 about the possibility of getting an immigrant visa through the EB-11 category. He is an internationally well-known plant biotechnologist and is currently working as a researcher in Raleigh, NC. The National Interest Waiver option would have been the best chance of approval, because EB-11s are ALWAYS tough. But as an Indian, EB2s are not current, and EB-11s are. So he gave the EB-11 route a chance.
Our client has written numerous internationally recognized scholarly articles in his field of endeavor. Upon review of his credentials and qualifications, our office determined that he was qualified for the EB-11 category, an alien of extraordinary ability.
According to the INA Section 203(b) states, in pertinent part, that:
- Priority workers – visas shall first be made available… to qualified immigrants who are aliens described in any of the following sub-paragraphs (A) through (C):
- Aliens with extraordinary – an alien is described in this sub-paragraph if-
- The alien has extraordinary ability in the sciences, arts, education, business, or athletes which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,
- The alien seeks to enter the United States to continue work in the area of extraordinary ability, and
- The alien’s entry into the United States will substantially benefit prospectively the United States.
USCIS has consistently recognized that Congress intended to set a very high standard for individuals seeking immigrant visas as aliens of extraordinary ability. See H.R. 723 101st Cong.2d Sess. 59 (1990); 56 Fed. Reg. 60897, 60898-99 (Nov. 29, 1991). The term “extraordinary ability” refers only to those individuals in that small percentage who have risen to the very top of the field of endeavor. Id. And 8 C.F.R. § 204.5(h)(2).
The regulation at 8 C.F.R. § 204.5(h)(3) requires that an alien demonstrate his or her sustained acclaim and the recognition of his or her achievements in the field. Such acclaim and achievements must be established either through evidence of a one-time achievement (that is, a major international recognized award) or through meeting at least three of the following ten categories of evidence:
- Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
- 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;
- 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;
- 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 specialization for which classification is sought;
- Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
- Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media;
- Evidence of the display of the alien’s work in the field at an artistic exhibitions or showcases;
- Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
- Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or
- Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.
After reviewing our client’s credentials and qualifications, we determined that our client mets 3 of the 10 categories. Our client has made an original scientific contribution to the plant genetic engineering and plant biology field; has authorship of scholarly articles in his professional field of endeavor; and has participated as a judge of the work of others in the same or an allied field of specialization for which classification is sought.
Our office prepared a 24-page brief for our client’s EB-11 filing. Our client also obtained 11 letters of recommendation from internationally well-known scholars in his field of endeavor. Our office also included his record of publications, citations, conference proceedings and invited talks, journal reviewer invitation evidence and other materials to show that he is an alien of extraordinary ability in plant engineering research. His EB-11 I-140 application contained 52 exhibits.
Our office filed his I-140 (EB-11) petition to the USCIS Texas Service Center via regular processing on July 30, 2014.
However, on April 13, 2015, the USCIS issued the Request for Evidence (RFE). In the RFE, the USCIS claims that our client only meets 2 of the 10 requisite statutory categories of EB-11. In the response brief, our office demonstrated that our client indeed mets 3 of the 10 categories and provided more letters of recommendations, citation records, and his recent research records. Our office filed the response to RFE on June 18, 2015. Eventually, on September 15, 2015, the USCIS Texas Service Center approved his I-140 self-petition.