I-140 EB-11 Alien of Extraordinary Ability Approved for Korean Conductor in Cincinnati Ohio

CASE: I-140 / EB-11 (Alien of extraordinary ability)

CLIENT: Korean

LOCATION: Cincinnati, OH

 

Our client contacted us regarding the possibility of getting an immigrant visa through EB-11 category. He is a world-renowned conductor and is currently working as a conductor for one of the renowned symphony orchestras in the United States. He won international conducting competition, worked as a guest conductor for numerous internationally renowned symphony orchestras, received wide media coverage. Upon review of his credentials and qualifications, our office determined that he was qualified for the EB-11 category, an alien of extraordinary ability. 

 

According to the INA Section 203(b) states, in pertinent part, that:

 

1. Priority workers – visas shall first be made available… to qualified immigrants who are aliens described in any of the following sub-paragraphs (A) through (C): 

 

1. Aliens with extraordinary – an alien is described in this sub-paragraph if-

 

1. The alien has extraordinary ability in the sciences, arts, education, business, or athletes which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,
2. The alien seeks to enter the United States to continue work in the area of extraordinary ability, and
3. The alien’s entry into the United States will substantially benefit prospectively the United States. 

 

USCIS has consistently recognized that Congress intended to set a very high standard for individuals seeking immigrant visas as aliens of extraordinary ability.  See H.R. 723 101st Cong.2d Sess. 59 (1990); 56 Fed. Reg. 60897, 60898-99 (Nov. 29, 1991).  The term “extraordinary ability” refers only to those individuals in that small percentage who have risen to the very top of the field of endeavor. Id. And 8 C.F.R. § 204.5(h)(2). 

 

The regulation at 8 C.F.R. § 204.5(h)(3) requires that an alien demonstrate his or her sustained acclaim and the recognition of his or her achievements in the field.  Such acclaim and achievements must be established either through evidence of a one-time achievement (that is, a major international recognized award) or through meeting at least three of the following ten categories of evidence:

 

1. Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;

 

1. 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 experts in their disciplines or fields;

 

1. Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought.  Such evidence shall include the title, date, and author of the material, and any necessary translation;

 

1. 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;

 

1. Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;

 

1. Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media;

 

1. Evidence of the display of the alien’s work in the field at an artistic exhibitions or showcases;

 

1. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;

 

1. Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or

 

1. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales. 

 

After the review of our client’s credentials and qualifications, we determined that our client meets 4 of the 10 categories, which is more than 3 required as an alien of extraordinary ability. Our client has made an original contribution in conducting field; has been awarded numerous international conducting awards; has played a critical role for distinguished musical organizations; and our client’s performance successes were published in professional and major media. 

 

Our office prepared a 23-page brief for our client’s EB-11 filing. Our client also obtained 5 letters of recommendation from internationally renowned conductors, clarinetist, and violinist. Our office also included his performance records, awards, media coverage, and other materials to show that he is an alien of extraordinary ability in orchestra conducting.  

 

Our office filed his I-140 (EB-11) petition to the USCIS Nebraska Service Center via premium processing service on December 23, 2024. On January 22, 2025, the USCIS Nebraska Service Center approved his I-140 self-petition without any Request for Evidence (RFE).