An applicant eligible for an I-140 self-petition as an Alien of Extraordinary Ability does not need to go through the Labor Certification process. Priority dates are always current for all countries based on the visa bulletin, meaning every qualified person in every country can file for this type of I-140 self-petition and I-485 adjustment of status application at the same time.
An applicant for the EB-11 Alien of Extraordinary Ability I-140 Petition has to prove that s/he is on top of his or her field. Evidence of receipt of an internationally recognized award such as the Nobel Prize or an Academy Award is one way to meet this standard. If this is not available, one can meet the EB-11 extraordinary ability standard by providing any three of the following:
- Receipt of lesser nationally or internationally recognized prizes or awards for excellence
- Membership in associations which require outstanding achievements of their members, as judged by recognized national or international experts in their fields
- Published material in professional/major trade publications or major media about the alien and relating to the alien’s work field.
- Participation as a judge (individually or as a part of a panel) evaluating the work of others
- Original scientific, scholarly, or artistic contributions of major significance
- Authorship of scholarly articles in professional journals or other major media
- Artistic exhibitions/shows
- Leading role within an organization/establishment with a distinguished reputation
- High salary/compensation for services in comparison to others
- Commercial success within the performing arts, as shown by either box office receipt figures or cassette, compact disc, video, or DVD sales figures. The alien must also show that the alien’s admittance into the U.S. will substantially benefit the U.S. in the future.
The applicant must also show that s/he will continue to pursue this specific work in the U.S. You cannot apply for an EB-11 Alien of Extraordinary Ability I-140 self-petition for a specific field of practice then do something else once you get your green card. For these types of self-petitions, recommendation letters, publications, proof of work citation, awards and their official descriptions, are some of the documents essential to the case.
For any questions on the EB-11 Alien of Extraordinary Ability I-140 self-petition, feel free to call or email our office for free consultations. We also invite you to comment below with your questions if you wish.
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