EB-1A / O-1A / NIW Legal Citations Reference

“Extraordinary ability means 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.”

Applies to: Awards, Membership requiring outstanding achievement, Published material about you, Judging the work of others, Original contributions of major significance, Scholarly articles, Critical or leading role, High salary relative to others in the field, Commercial success in the performing arts, Display of work at exhibitions/showcases

“A petition for an alien of extraordinary ability must be accompanied by evidence that the alien has sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise. Such evidence shall include evidence of a one-time achievement (that is, a major, international recognized award), or at least three of the following: (i)-(x) [see individual criterion citations].”

Applies to: Awards, Membership requiring outstanding achievement, Published material about you, Judging the work of others, Original contributions of major significance, Scholarly articles, Critical or leading role, High salary relative to others in the field, Commercial success in the performing arts, Display of work at exhibitions/showcases

十项标准的总引——逐项引用请用下面对应 criterion_id 的 8 CFR 204.5(h)(3)(i)~(x) 条目，不要只引这条总纲编号来支撑单项标准的论证

“Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;”

Applies to: Awards

“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;”

Applies to: Membership requiring outstanding achievement

“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;”

Applies to: Published material about you

“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 specification for which classification is sought;”

Applies to: Judging the work of others

“Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;”

Applies to: Original contributions of major significance

“Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media;”

Applies to: Scholarly articles

“Evidence of the display of the alien's work in the field at artistic exhibitions or showcases;”

Applies to: Display of work at exhibitions/showcases

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

Applies to: Critical or leading role

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

Applies to: High salary relative to others in the field

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

Applies to: Commercial success in the performing arts

“To show that the alien is an alien of exceptional ability in the sciences, arts, or business, the petition must be accompanied by at least three of the following: (A) An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability; (B) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought; (C) A license to practice the profession or certification for a particular profession or occupation; (D) Evidence that the alien has commanded a salary, or other renumeration for services, which demonstrates exceptional ability; (E) Evidence of membership in professional associations; or (F) Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.”

EB-2「专业人士/特殊人才」入门资格的证据清单，是 EB-2 分类本身的门槛条件，与 NIW 豁免（Dhanasar 三要素测试）是两件事——真实事故：曾被误用于 NIW well_positioned 论点的收束段落，凭空造出与该论点无关的引用。本条目收录目的正是防止再犯同一个错，不是给 NIW 论点提供可引用素材。

“Any document containing foreign language submitted to USCIS shall be accompanied by a full English language translation which the translator has certified as complete and accurate, and by the translator's certification that he or she is competent to translate from the foreign language into English.”

R30 递交前 preflight 用：非英文新证据必须附认证翻译 + 译者资质声明

“After a petitioner has established eligibility for EB-2 classification, U.S. Citizenship and Immigration Services (USCIS) may, as matter of discretion, grant a national interest waiver if the petitioner demonstrates: (1) that the foreign national's proposed endeavor has both substantial merit and national importance; (2) that the foreign national is well positioned to advance the proposed endeavor; and (3) that, on balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification. The first prong, substantial merit and national importance, focuses on the specific endeavor that the foreign national proposes to undertake. The endeavor's merit may be demonstrated in a range of areas such as business, entrepreneurialism, science, technology, culture, health, or education. In determining whether the proposed endeavor has national importance, we consider its potential prospective impact. The second prong shifts the focus from the proposed endeavor to the foreign national. To determine whether he or she is well positioned to advance the proposed endeavor, we consider factors including, but not limited to: the individual's education, skills, knowledge and record of success in related or similar efforts; a model or plan for future activities; any progress towards achieving the proposed endeavor; and the interest of potential customers, users, investors, or other relevant entities or individuals. The third prong requires the petitioner to demonstrate that, on balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification.”

Applies to: Substantial merit of the proposed endeavor, National importance of the proposed endeavor, Well positioned to advance the endeavor, On balance, waiver benefits the U.S.

quote 取自 USCIS AAO 2021 年一份公开非先例裁决书逐字引述 Dhanasar 原文的部分（AAO 裁决引用自身先例是移民实务标准做法），不是直接从 26 I&N Dec. 884 原始判例集抓取——若要更新为判例集原文，需另找可稳定抓取的判例集来源

“(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability.— (A) In general.—Visas shall be made available ... to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States. (B) Waiver of job offer— (i) National interest waiver. ... [T]he Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an alien's services in the sciences, arts, professions, or business be sought by an employer in the United States.”

Applies to: Substantial merit of the proposed endeavor, National importance of the proposed endeavor, Well positioned to advance the endeavor, On balance, waiver benefits the U.S.

NIW 豁免的制定法依据，quote 取自同一份 AAO 裁决书逐字引述的条文部分

“Officers should use a two-step analysis to evaluate the evidence submitted with the petition to demonstrate eligibility for classification as a person with extraordinary ability. Step 1: Assess whether evidence meets regulatory criteria: Determine, by a preponderance of the evidence, which evidence submitted by the petitioner objectively meets the parameters of the regulatory description that applies to that type of evidence (referred to as "regulatory criteria"). Step 2: Final merits determination: Evaluate all the evidence together when considering the petition in its entirety for the final merits determination, in the context of the high level of expertise required for this immigrant classification.”

Applies to: Awards, Membership requiring outstanding achievement, Published material about you, Judging the work of others, Original contributions of major significance, Scholarly articles, Critical or leading role, High salary relative to others in the field, Commercial success in the performing arts, Display of work at exhibitions/showcases

EB-1A/O-1A Final Merit Determination 的权威依据。该链接与用户本地资料《ebla法条...docx》记录的移民局链接一致——不要与「Kazarian 判决本身」混为一谈：two-step 表述来自 USCIS 自己的 Policy Manual，Kazarian 判决原文并不包含这句话（见 kazarian-v-uscis 条目 note）

“Requiring acclaim within the criterion may be circular, because publication, on its own, indicates approval within the community. Because postdoctoral candidates are expected to publish, however, the agency's conclusion that the articles must be considered in light of the community's reaction is not contrary to the statutory mandate that the alien have achieved sustained national or international acclaim.”

Applies to: Awards, Membership requiring outstanding achievement, Published material about you, Judging the work of others, Original contributions of major significance, Scholarly articles, Critical or leading role, High salary relative to others in the field, Commercial success in the performing arts, Display of work at exhibitions/showcases

实测核对：该判决本身**不包含**常被转述给它的「two-step analysis」/「final merits determination」表述——那是 USCIS 自己的 Policy Manual 在本案之后制定的（见 uscis-pm-eb1a-two-step 条目）。Kazarian 判决本体只确认了 8 CFR 204.5(h)(2)/(h)(3) 条文原文，并在个案中讨论「单项标准内部是否需要单独再证明一次 acclaim」这一较窄的问题。回应信如需引用「两步分析」框架，必须引 uscis-pm-eb1a-two-step，不能挂在 Kazarian 名下——这正是本库要防止的那类错误。