Persons with "extraordinary ability" in the sciences, arts, education, business, or athletics may be able to bypass the labor certification/ PERM process and obtain a permanent residence (green card) through the First Preference Employment-Based Category (EB-1). Extraordinary ability must have been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation. Such persons are not required to have a prospective employer, but they must be entering to continue to work in their chosen field, and they must "substantially benefit prospectively the US".

Evidence of an individual's sustained national or international acclaim may include one-time achievement of a major international award, or, alternatively, three of the following:

1. lesser national or internationally recognized prizes or awards;
2. membership in association that requires outstanding achievements in the filed for which the classification is sought;
3. published material about the person or his or her work in the professional or trade journals;
4. participation in judging the work of others in the filed;
5. evidence of original scientific, scholastic, artistic, athletic, or business related significant contributions;
6. authorship of scholarly articles;
7. artistic exhibitions;
8. performance in a leading or critical role for a distinguished organization;
9. high salary or remuneration to others in the filed;
10. commercial success in the performing arts