How is "Extraordinary Ability" Defined?

The INS defines "extraordinary ability" as "a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor," as proven by "sustained national or international acclaim" and that one's achievements have been recognized in the field of expertise.

 Interpretation of Basic Requirements for EB11

Receipt of a major, internationally known recognized award (e.g., the Nobel Prize), on its own, can qualify an individual for EB-1 classification. If the applicant is not the recipient of such an award, then documentation of at least three (3) of the following is required:

1. Documentation of the receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor; This may include Travel Award to attend an international conference, Science and Technology Progress Award from Sichuan Province of China., Best Paper Award from China Mechanics Association, Guanghua Scholarship, Baogang Scholarship, etc.
2. Documentation of membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields; This standard is relatively vague. Associations that are open to all members of a given profession can be considered, but associations that limit membership to only the most accomplished members of the profession are certainly more valuable, such as Sigma Xi.
3. Published material in professional or other major trade publications or major media, relating to the one's work in the field; Most applicants found this criteria is difficult to meet. As a Ph. D student or postdoctoral research scientist who conducted the research and made breakthrough, it is normally the mentor who receives the media report. In cases like this, we would provide documents to prove the applicant plays a critical role in the research institute which was reported.
4. Evidence of one's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field; Documents such as reviewer’s comments, correspondence with the editors of the journals, would be sufficient evidence. In cases that applicant reviewed the articles for mentors, testimonial letters from the mentors would be helpful to help applicant to meet this criteria.
5. Evidence of one's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field; This standard is wide open. Basically, the USCIS will base its judgment of your contribution on the letters of support that others in the field submit. So letters from recognized authorities in your field who consider your contributions original and significant will satisfy this requirement. Other documents may include patent application, SCI citation printouts.
6. Evidence of one's authorship of scholarly articles in the field, in professional or major trade publications or other major media; Not only full-length articles on professional journals, abstracts on conference proceedings are also considered as your publications. Other documents may include journal introduction, impact factor of the journals, recommendation letters stating your significant contributions in the published articles.
7. Evidence of the display of one's work in the field at artistic exhibitions or showcases; This criteria applies to applicants in the field of art, and entertainment industry. The regulations do not mention how prestigious the exhibition must be.
8. Evidence that one has performed in a leading or critical role for organizations or establishments that have a distinguished reputation; This can be demonstrated by recommendation letters from previous and current advisors proving that applicant has played a pivotal role in important government funded research projects. Other documents may include funding proposals submitted to the government agencies, reports reported, etc.
9. Evidence that one has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; The regulation requires that your salary or remuneration be high in relation to others in the field, so a teacher need not make as much as a professional football player.
10. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disc, or video sales; This can be demonstrated by box office receipts from your films or plays, sales of your record, or selling your video documentary to a network for a notable sum.

In circumstances where the above standards do not readily apply to an occupation, immigration regulations permit comparable evidence to establish eligibility.