Section A, the statutory basis for EB1-A visas, permits foreigners to seek American visas if they meet the worldly visa limit and if they have “extraordinary skills” “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.”
In addition to proving thy have the requisite extraordinary skills, the applicant who seeks to work in the field in which they have extraordinary skills must continue to work in the US in the field. The person who has the skills must intend to use those skills. Someone with out of the ordinary physics skills, for example, can’t seek to work as a construction worker through the E1-A visa application process.
The alien must also be seeking the visa to do work which will “substantially benefit prospectively the United States.”
The alien seeking an EB-1A visa, unlike the EB1-B and EB1-C visas, does not have to show that he or she has a current offer of employment. This means the foreigner can file a petition on his/her own. There’s no need to have a sponsor file a petition for the foreigner.
The applicant must meet 3 or more of the 10 criteria required by the USCIS. Alternatively, the applicant for an E-1A vias may qualify if they have a one-time achievement such as a Pulitzer Prize, a movie Oscar, or an Olympic medal.
The USCIS states that that the following documentation, by itself, is not enough to establish the requirement for extraordinary skills:
- Having a degree, diploma, certificate or comparable award from a university, college, school, or other institution of learning
- Having a license to practice or certification to practice for a specific occupation or profession