EB1ADIY2010-03-18 00:40:44

In my opinion, most green card applicants who hold a Ph.D. degree in Science or Engineering can meet 3 of 10 criteria for EB-1A, at least marginally. The point is that they have to fully understand the USCIS’ “the rule of the game” and know how to play “the game”.


The EB-1 extraordinary ability immigration category (i.e. EB-1A) is defined as aliens with extraordinary ability in the sciences, arts, education, business or athletics. According to the USCIS, the EB-1A applicant must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. His/her achievements must be recognized in his/her field through extensive documentation. Most applicants (even they hold a Ph.D. degree) think that the requirement for EB-1A is too high to meet. Due to misleading or misunderstanding, they give up EB-1A and choose other options.

On the other side, it is hard for the USCIS officers to judge if the applicant has an extraordinary ability because they do not have enough expertise in so many scientific fields. In practice, USCIS has to use 10 criteria for demonstrating extraordinary ability as “the rule of the game”. In the “game”, USCIS requires that the EB-1A applicant must meet 3 out of the 10 listed criteria below to prove extraordinary ability in his/her field:

1. Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
2. Evidence of your membership in associations in the field which demand outstanding achievement of their members
3. Evidence of published material about you in professional or major trade publications or other major media
4. Evidence that you have been asked to judge the work of others, either individually or on a panel
5. Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
6. Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
7. Evidence that your work has been displayed at artistic exhibitions or showcases
8. Evidence of your performance of a leading or critical role in distinguished organizations
9. Evidence that you command a high salary or other significantly high
10. remuneration in relation to others in the field
Evidence of your commercial successes in the performing arts


Unlike Criterion 1, 2 and 3 (they are out of the applicant's control), Criterion 4, 5, and 6 are almost under the applicant’s control.

As for Criterion 4, participating in the peer review process of a scientific paper or acting as a member of a thesis review committee may fulfill this requirement. After you published a couple of papers, you should ask the editors for being a reviewer to peer review the manuscripts for the Journals in your field. Usually the editors are happy to have you be their reviewer. (Before I finished DIY for my EB-1A, I reviewed 10 manuscripts from 6 Journals in two months right after my request.)

As for Criterion 5, this standard is wide open. Basically, the USCIS will base its judgment of the applicant’s contribution on the letters of recommendation that others in the field submit. Who wrote the letters of recommendation? Your recommender and you!

As for Criterion 6, it is a piece of cake for a Ph.D. to publish a couple of papers. The level of journal and citation number is not very important. No matter how poor the journal is, its webpage always claims it is a prestige international journal. Citation number depends on the subject and how long the paper has published. Since the USCIS does not care the level of the journal and the citation number, why do we care them? (When I submitted DIY for my EB-1A to Nebraska Service Center, I had 10 journal papers at that time. The highest journal level is Applied Physics Letters (impact factor < 5) and total citation number is only 20, but I made it.)

In the petition letter, you should clearly prove that you meet 3 of 10 criteria, and reach the conclusion: according to the USCIS' rule of the game, your EB-1A petition must be approved.