• An example of the petition of an artist with comments
• 5 Letters of recommendation, including support letters, a prospective employer letter, a letter of confirmation for participation in an exhibition, a letter of confirmation for judging experience, a letter from an organization with a distinguished reputation, and a letter of support describing contribution in the field
• Information summary templates (art venues, publication, membership, etc.)
• CV template
• Instructions of how to prepare drafts of the recommendation letters for each criterion
• Comprehensive instructions of how to provide the evidence for each criteria
• How to handle RFE 
• Instructions for completing all necessary forms such as I-140, I-485, and others 
• Medical exam information
• Filing documents for permanent residency
• Adjustment of status and consular processing

Our guide was created based on a petition of a visual artist and suitable for any creative individual such as musicians, film directors, performers, singers, designers, illustrators, architects and so on. It will also be extremely helpful to any other expert in their field, whether the sciences, education, business, or athletics.

We offer the only DIY guide on the internet that is based on the petition of a visual artist. If you are in the creative field, you understand that most of the time evidence is not as solid as it can be for other professions where people have straightforward careers. With our guide you will be able to understand how you can carefully craft the petition and recommendation letters with many points being subjective. What is the cultural value of one’s work? How do you distinguish yourself from others when everybody has their unique style? You’ll find answers to these questions and many more.

We’ve spent around 2 years researching immigration law and analyzing cases of others such as artists, fashion designers, models, musicians, and many more. This guide is the most comprehensive kit you can find that includes more than 160 pages of information. 

It is an Employment-Based first preference visa category, which is reserved for individuals with extraordinary abilities in the sciences, arts, education, business, or athletics. This category also includes outstanding professors (EB-1B) or researchers as well as multinational executives and managers (EB-1C). 

Extraordinary ability is defined by the US Citizenship and Immigration Services as an ability that shows a person as one of the small percentages who have risen to the very top of the field of endeavor. The regulation at 8 CFR 204.5(k)(2) defines exceptional ability in the sciences, arts, or business as having a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.

In other words, the extraordinary ability in the field of arts means distinction, which means a high level of achievement in the field of arts, evidenced by a degree of skill and recognition substantially above what is ordinarily encountered, to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts.

Arts includes any field of creative activity or endeavor such as, but not limited to, fine arts, visual arts, culinary arts, and performing arts. Aliens engaged in the field of arts include not only the principal creators and performers but other essential professionals such as directors, set designers, lighting designers, sound designers, choreographers, choreologists, conductors, orchestrators, coaches, arrangers, musical supervisors, costume designers, makeup artists, flight masters, stage technician, etc.

Those who are able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.

You must meet at least 3 of the 10 criteria below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal) as well as evidence showing that you will be continuing to work in the area of your expertise.

In order to demonstrate that you have sustained national or international acclaim and that your achievements have been recognized in your field of expertise, you must either include evidence of a one-time achievement (major internationally-recognized award) or 3 of the 10 listed criteria below (or comparable evidence if any of the criteria do not readily apply):

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

The main idea is that each criterion helps you to establish recognition and acclaim. If your three criteria are strong and give enough weight to establish those qualifications then it is certainly enough. Keep in mind though, that technically satisfying 3 criteria is only the first part that examiners are looking for.

In 2010, the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) reviewed the Administrative Appeals Office’s (AAO) dismissal of a petitioner’s appeal of the denial of a petition filed under 203(b)(1)(A) of the INA. Kazarian v. USCIS, 596 F.3d 1115 (9 Cir. 2010). Although affirming the decision, the Ninth Circuit found that the AAO erred in its evaluation of the initial evidence submitted with the petition pursuant to 8 CFR 204.5(h)(3). Specifically, the Ninth Circuit concluded that while USCIS may have raised legitimate concerns about the significance of the evidence submitted, those concerns should have been raised in a subsequent “final merits determination” of whether the petitioner has the requisite extraordinary ability. Id. at 1122. The Ninth Circuit further stated that the concerns were “not relevant to the antecedent procedural question of whether the petitioner has provided at least three types of evidence.” Id. at 1121.

USCIS agrees with the Kazarian court’s two-part adjudicative approach of evaluating evidence submitted in connection with petitions for aliens of extraordinary ability: (1) Determine whether the petitioner or self-petitioner has submitted the required evidence that meets the parameters for each type of evidence listed at 8 CFR 204.5(h)(3); and (2) Determine whether the evidence submitted is sufficient to demonstrate that the beneficiary or self-petitioner meets the required high level of expertise for the extraordinary ability immigrant classification during a final merits determination. By contrast, the approach taken by USCIS officers in Kazarian collapsed these

two parts and evaluated the evidence at the beginning stage of the adjudicative process, with each type of evidence being evaluated individually to determine whether the self-petitioner was extraordinary. 

For example:

 Participating in the judging of the work of others in the same or an allied field of specialization alone, regardless of the circumstances, should satisfy the regulatory criteria in part one. However, for the analysis in part two, the alien’s participation should be evaluated to determine whether it was indicative of the alien being one of that small percentage who have risen to the very top of the field of endeavor and enjoying sustained national or international acclaim. Publishing scholarly articles in professional or major trade publications or other major media alone, regardless of the caliber, should satisfy the regulatory criteria in part one. However, for the analysis in part two, the alien’s publications should be evaluated to determine whether they were indicative of the alien being one of that small percentage who have risen to the very top of  the field of endeavor and are enjoying sustained national or international acclaim.

The standard of proof for most administrative immigration proceedings, including petitions filed for Aliens of Extraordinary Ability, is the “preponderance of the evidence” standard. Thus, if the petitioner submits relevant, probative, and credible evidence that leads USCIS to believe that the claim is “more likely than not” or “probably true,” the petitioner has satisfied the standard of proof. In this case, “more likely than not” has a greater than 50% chance of an occurrence taking place. If a petitioner provides initial evidence, including but not limited to articles, publications, reference letters, expert testimony, support letters, that is probative (e.g., does not merely recite the regulations) and credible, USCIS officers should objectively evaluate such initial evidence under a preponderance of the evidence standard to determine whether or not it is acceptable. In other words, USCIS officers may not unilaterally impose novel substantive or evidentiary requirements beyond those set forth in the regulations, but instead should evaluate the evidence to determine if it falls within the parameters of the regulations applicable to that type of evidence by a preponderance of the evidence standard. USCIS officers should then evaluate the evidence together when considering the petition in its entirety to determine if the petitioner has established by a preponderance of the evidence that the self-petitioner or beneficiary has the required high level of expertise for the immigrant classification.

According to Black’s Law Dictionary, (9th Ed, 2009), the definition of sustain is “(1) to support or maintain, especially over a long period of time; To persist in making (an effort) over a long period of time.” However, the word “sustained” does not imply an age limit on the beneficiary. A beneficiary may be very young in his or her career and still be able to show sustained acclaim. There is also no definitive time frame on what constitutes “sustained.” If an alien was recognized for a particular achievement, the USCIS officer should determine whether the alien continues to maintain a comparable level of acclaim in the field of expertise since the alien was originally afforded that recognition. An alien may have achieved national or international acclaim in the past but then failed to maintain a comparable level of acclaim thereafter.

The short answer is no. It is absolutely possible to provide evidence of recognition and acclaim and not be famous at the same time. For instance, if you exhibited your work in several prominent and well respected venues it is possible that not many people know your name when they hear it. However, for the artistic exhibition criteria you can satisfy all the points including a second step of the analysis.

For the EB-1A category you don’t need to have an employer that will sponsor you to file a petition. You can self-petition and no offer of employment is required.

If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-14 or E-15 immigrant status, respectively.

In 2018, out of 27,400 petitions that have been processed, 22,800 (83%) were approved and 4,600 (17%) denied. You can find EB-1A approval statistic for other years here.

An O-1 visa does not play any significant role in getting an EB-1 visa. Since the criteria for EB-1 are higher, and partly different, the petition is considered independently.

• I-140 Immigrant Petition for Alien Worker
• I-485 Application to Register Permanent Resident or Adjust Status (only if you are adjusting your status from within the U.S.)
• DS-260 Online Immigrant Visa Application (only if you are using consular processing)

If you are in the US applying for adjustment of status:

• I-140 basic filing fee: $700 
• I-485 filing fee: This fee varies based on your age.

Below the age of 14 and filing with a parent: $750

Below the age of 14 and not filing with a parent: $1,140

Between the ages of 14 and 78: $1,225 including mandatory biometrics fee

Older than 78: $1,140 with no mandatory biometrics fee

• Medical examination: Starts at around $200 but depends on your particular health situation

The biometrics fee is $85 if applicable

If you are outside of the US:

• I-140 filing fee: $700
• DS-260 filing fee: $445 – the State Department’s application processing fee ($325) and the financial support form fee ($120).
• Medical examination: Starts at around $200 but depends on your particular health situation

Optional Premium processing for I-140: $1440

One of the major benefits of the EB-1A is that almost all of the priority dates are usually current (Except some countries like India and China). This means that you can go through consular processing or adjust your status as soon as your I-140 is approved. The timeline of the process depends on your location and specific processing center. For example, you can expect the approval of your petition in about 4-6 months (15 days for premium processing). Then after you file a I-485 (Adjustment of status application) let’s say in a Nebraska processing center, you can expect to get your green card in about 9.5-14 months. 

One of the benefits of consular processing (applying from abroad) is shorter processing times.

You can get more info about USCIS processing times here.

Keep in mind that the timeframe for the I-140 petition doesn’t depend on your location only on the specific service center. But for the green card application, processing time at NVC (consular processing) is shorter (about 4 months). 

There is no requirement for a certain number of letters, however common practice is to include anywhere from 3 to 8 letters. Keep in mind though that the quality of the letters is more important than quantity. So, trying to overwhelm an officer with 20 similar letters might not be the best practice. You want to have enough letters to make sure that all the points in your case are addressed and supported.