1. The Reference Letters (Recommendation Letters) and Petition Cover Letter 

For EB1 Extraordinary Ability application, an alien applicants needs to have four to five reference letters (also called recommendation letters) from experts in a field attesting to the alien's significant contributions to the field and national or international reputation in the field. 

It is recommended a alien should collect a variety of letters from people outside his or her current employer and/or outside the U.S., and from senior people in U.S. government and industry. The reference letters included in the EB1-Extraordinary Ability petition and written by field experts should include the following: 

1) Writer's qualifications to issue his/her opinion, and the position of the writer in the field;

2) How the writer knows of the alien's work, and alien's background and achievements as well as commentaries on how the alien's achievements are original contributions of major significance;

3) Commentaries on the significance of the alien's publications, awards, and any memberships in professional associations, and how the alien's work has made significant or outstanding contributions to the field;

4) The alien applicant possesses unique knowledge, abilities, or experience that sets him/her apart from the professional peers.

The worst thing is to obtain several reference letters which are all look same, and may have the same repeated grammatical errors. The USCIS examiners will believe that these letters were actually prepared by the applicant, rather than by the actual referrers. 

Also, the EB1-Extraordinary Ability petition should include a petition cover letter, which should be used as a summary letter discussing the following items:

1) Describes the alien's work and how it affects the field, it’s potential for broader applications;

2) Explains the alien's current work and its future applications, both academically and in the private sector; 

3) Describes how the alien is essential or intimately connected to the work, the effects of this work on the U.S. and its people. 

The petition cover letter and reference letters should be written in plain English. Immigration officers with bachelor's or higher degrees will usually read these letters. They may not know the alien's field, but they do spend most working days evaluating and synthesizing information and drawing conclusions. Therefore, an alien applicant should convince them that the alien is doing exceptional work and that somewhere down the line this work will help someone they know. 

2. EB1-Extraordinary Ability Self-Evaluation

The EB1-Extraordinary Ability immigration category is for persons of extraordinary ability in the sciences, arts, education, business, or athletics, which has been demonstrated by sustained national or international acclaim, and who will prospectively be of substantial benefit to the United States. A job offer and Labor Certification are not required for this category. An alien may do some self-evaluation before filing the petition:

1) Does my field involve the sciences, arts, education, business, or athletics?

2) Have I received sustained national or international acclaim in the form of either:

1. Receipt of a major one-time achievement award (example: Nobel Prize, Pulitzer Prize, Olympic Gold Medal, other major awards)
   
   - OR -
2. At least three of the following ten criteria:
1. Receipt of lesser nationally/internationally recognized prizes or awards for excellence in your field;
2. Membership of associations in your field which requires outstanding achievements as judged by recognized experts in the field;
3. Publication in major, recognized media or journals about you and your work in a field;
4. Participation as a judge of others in your field;
5. Major original contributions to your field;
6. Authorship of scholarly articles in your field published in major publications;
7. Display of your work in exhibitions or showcases;
8. Playing critical role for distinguished organizations;
9. Commanded very high salary compared to others in your field;
10. Commercial success in the performing arts.

3) Can I provide extensive documentation of these requirements?

4) Am I entering the U.S. to continue working in my area of extraordinary ability?

5) Will my entry into the U.S. substantially benefit the country?

Simply fulfilling three of above ten criteria does not guarantee that an EB1-EA petition will be approved. The USCIS has made it clear that to show extraordinary ability, the alien applicant must prove him or herself to be at the very top of his or her field. Comprehensive documentation must be provided to substantiate claims to extraordinary ability. The USCIS is very careful to check the forms and sources of documentation, and the extent to which it establishes that the beneficiary is at the very top of the field.

If you can meet these requirements, you may be able to successfully file an EB1-EA petition. If you do not meet these requirements, the National Interest Waiver category also offers many advantages to bypass the traditional Labor Certification process. Your accomplishments just a little short of "Extraordinary" may appear "Exceptional" as part of your National Interest Waiver petition.

 

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