Since March of 2021, visa numbers have been current for Chinese or Indian nationals filing for green card under the employment-based first preference (EB1) category. This means that an applicant may file their green card applications (I-485) concurrently with their I-140 petition instead of waiting 3 to 10 years for visa number availability under second or third preference categories. The applicant may also “self-petition” under the first preference category via EB1a, aliens of extraordinary ability.
Congress set a very high benchmark for aliens of extraordinary ability by requiring through the statute that the petitioner demonstrate the alien’s “sustained national or international acclaim” and present “extensive documentation” of the alien’s achievements. The implementing regulation at 8 c.F.R. § 204.5(h)(3) states that an alien can establish sustained national or international acclaim through evidence of a one-time achievement of a major, internationally recognized award. Absent the receipt of such an award, the regulation outlines ten categories of specific objective evidence. 8 C.F.R. § 204.5(h)(3)(i) through (x). The petitioner must submit qualifying evidence under at least three of the ten regulatory categories of evidence to establish the basic eligibility requirements.
See related post: Sample EB1A Approvals