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What is the qualification of EB1-A (Alien of Extraordinary Ability)?

The petition of EB1-A case must satisfy the following three-prong test:

1. The foreign person must have sustained national or international acclaims for his/her achievements.

The USCIS requires that the petition presents extensive documentation to establish the foreign national's extraordinary ability . Documentation of national or international acclaim can be a major interntional prize/award or three out of ten evidence discussed later.

2. The foreign person is seeking to enter the United States to continue to work in the field of endeavor that is the subject of the acclaim.

Under the USCIS regulations, to establish the foreign person's requisite intent to continue work in his or her field, the petition is required to be accompanied with letters from prospective employers, evidence of prearranged commitments, such as contracts, or a statement from the foreign national detailing his or her plans for continuing work in the field in the United States.

3. The presence of the foreign person and his/her activity will benefit the United States.

With regard to this requirement, the USCIS regulations do not require the foreign person to document separately that his or her admission will substantially benefit the United States. This requirement is normally met through satisfying the other statutory requirements.

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