CASE: I-485 / I-140 EB-11 (Alien of extraordinary ability)
CLIENT: Korean
LOCATION: Cincinnati, OH
Our client contacted us regarding the possibility of obtaining an immigrant visa through the EB-1A category. He is a world-renowned conductor currently working for a distinguished symphony orchestra in the United States. He has won international conducting competitions, worked as a guest conductor for numerous internationally renowned symphony orchestras, and received wide media coverage. After a review of his credentials and qualifications, our office determined that he was qualified for the EB-1A category, as an alien of extraordinary ability.
Eligibility Requirements
According to the INA Section 203(b), visas shall first be made available to qualified immigrants who are aliens described in the following subparagraphs:
(1) Priority workers
(A) Aliens with extraordinary ability—an alien is described in this subparagraph if:
(i) The alien has extraordinary ability in the sciences, arts, education, business, or athletics, which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation, (ii) The alien seeks to enter the United States to continue work in the area of extraordinary ability, and (iii) The alien’s entry into the United States will substantially and prospectively benefit 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 their field. Id. and 8 C.F.R. § 204.5(h)(2).
Required Evidence
The regulation at 8 C.F.R. § 204.5(h)(3) requires that an alien demonstrate their sustained acclaim and the recognition of their achievements in the field. Such acclaim and achievements must be established either through evidence of a one-time achievement (a major internationally recognized award) or by 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.
- Documentation of the alien’s membership in associations in the field that require outstanding achievements of their members, as judged by recognized national or international experts.
- Published material about the alien in professional or major trade publications or other major media, including the title, date, 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.
- Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance.
- 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 at 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.
- Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.
Case Summary
After reviewing our client’s credentials and qualifications, we determined that he met four of the ten categories, exceeding the three required for an alien of extraordinary ability. Specifically, our client:
- Has made an original contribution in the conducting field;
- Has been awarded numerous international conducting awards;
- Has played a critical role for distinguished musical organizations; and
- Has had his performance successes published in professional and major media.
Our office prepared a 23-page brief for our client’s EB-1A filing. He also obtained five letters of recommendation from internationally renowned conductors, a clarinetist, and a violinist. Our office included his performance records, awards, media coverage, and other materials to show that he is an alien of extraordinary ability in orchestra conducting.
Our office filed his I-140 (EB-1A) petition with the USCIS Nebraska Service Center via premium processing on December 23, 2024. On January 22, 2025, the USCIS Nebraska Service Center approved his I-140 self-petition without a Request for Evidence (RFE).
When we filed his I-140 petition, our office concurrently filed his I-485 adjustment of status application. Everything went smoothly, and the receipt notices and fingerprint appointment came on time. Eventually, on July 26, 2025, USCIS approved our client’s adjustment of status application. He is now officially a green card holder!