Note that in recent years, there has been a great deal of litigation over whether it is enough simply to meet three categories of evidence. In the Ninth Circuit case of Kazarian, the USCIS was successful in arguing that there are two steps to proving extraordinary ability. First, the applicant must present evidence to satisfy the categories noted above. And then a USCIS examiner must conduct a "final merits analysis" and review the evidence in totality to see if the applicant is truly extraordinary. Not surprisingly, the request for evidence and denial rates for EB-1 have increased substantially over the last few years.

How tough is it to meet the standards of evidence?

While there are, of course, examples where people with relatively weak credentials successfully applied for EB-1 green cards, more often USCIS denies cases for deserving applicants. In many cases, they will discount the evidence presented so that successful applicants will really need to present evidence in many more categories than just the minimum three.

A safe assumption to make is that USCIS will not take any assertions by the applicant at face value and every accomplishment cited should be backed up with evidence. Furthermore, USCIS will assume that publications are not prestigious, associations do not require outstanding accomplishments of their members, awards are not highly important in the field, etc. In short, it is not enough to present evidence in at least three categories, but also to document why each one of those forms of evidence independently suggest one has extraordinary ability in the field.

Also, support letters are often the most important form of evidence so particular attention should be paid to them. Get as many as possible - many lawyers recommend at least ten - and make sure that they represent both people who know your work directly as well as letters from people in the field who do not work with you and can be viewed as more independent.

When is the best time for someone to apply for EB-1 status?

That's always a tough call to make. On the one hand, applying early can be important for someone like an athlete who has a limited career span and is always at risk of a career-ending injury. On the other hand, many applicants make the mistake of pursuing the EB-1 before they have really accomplished enough to meet the EB-1 standards. For example, a student will likely have a tougher time than one who has been out if the field for some time.

Does one need to have a job to apply for an EB-1?

Technically, the answer is no. EB-1s are self-petitioned and are not dependent on an employer. Nevertheless, an applicant should show that they are going to continue working in the field in the US and it helps enormously to have work or projects lined up in the US.