SUMMARY OF THE LAW ON EB-11
                       (Aliens with Extraordinary Ability)

The Immigration and Nationality Act (INA), Section 203(b)(1)(A) provides for the immigration of an alien to the United States, subject to relevant annual quotas, if
(i)      the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by substantial national or international acclaim and whose achievements have been recognized in the field through extensive documentation.
(ii)     the alien seeks to enter the United States to continue work in the area of extraordinary ability, and
(iii)    the alien's entry into the United States will substantially benefit prospectively the United States.

8 C.F.R. Section 204.5(h) defines "extraordinary ability" to mean "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."

8 C.F.R. Section 204.5(h) further provides that extraordinary ability may be established by evidence of a one-time achievement (a major, internationally recognized award) or at least three of the following:
a.      documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
b.      documentation of the alien's 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 exerts in their disciplines or fields;
c.      published material about the alien in professional or major trade publications or other media, relating to the alien's work in the field for which classification is sought. Such evidence shall include title, date, and author of the material, and any necessary translation;
d.      evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;
e.      evidence of the alien's original scientific, scholarly, artistic, athletic, business-related contributions of major significance in the field;
f.      evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other media;
g.      evidence of the display of the alien's work in the field of artistic exhibitions or showcases;
h.      evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
i.      evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or
j.      evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

8 C.F.R. Section 204.5(h)(4) also states that if the standards set forth in Section 204.5(h)(3) do not readily apply to the alien's occupation, the alien "may submit comparable evidence" to establish his eligibility.

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Jian X. Kang
Attorney at law
TEL.: 858-278-5480;
Fax: 858-278-5481;
Web: http://www.jxkang.com
E-mail: jxkang@jxkang.com