Comparable Evidence Of Extraordinary Ability
I. COMPARABLE EVIDENCE OF EXTRAORDINARY ABILITY
Comparable evidence is the catch-all remaining considerations when submitting an Employment Based First Preference (EB-1) Petition.
A. Comparable Evidence
Under 8 C.F.R. § 204.5(h)(4), it is allowed that a person can submit “comparable evidence” to prove extraordinary ability. The regulation reads, “[i]f the above standards [i.e. the 10 criteria outlined in 8 C.F.R. § 204.5(h)(3)] do not readily apply to the beneficiary’s occupation, the petitioner may submit comparable evidence to establish the beneficiary’s eligibility.” As defined by this regulation, the “comparable evidence” clause is only available when the standard 10 criteria do not easily apply to the person’s occupation. Hence, it is not proper to submit comparable evidence when it can fit into one of the regular 10 criteria.
When the comparable evidence is applicable, the person must submit evidence contributing to the proof that he or she is someone with extraordinary ability, and has achieved sustained national or international acclaim, and is one of the small percentage that has risen to the very top of the field of endeavor.
II. EB-1 CONCLUSION
The requirements of EB-1 Alien of Extraordinary Ability are very high. For a petition to be successful, the petitioner must establish that he or she has sustained national or international acclaim. For those that can meet this requirement, the benefit is a green card.