Q: Hello, My husband will be O visa soon. We are planning to apply for green card on our own. Would it be easy for us?

A: If he is approved for an O visa that is a very good start as he proved to be at a certain standard of ability in the field. Yes, generally you will be able to apply for a green card however an extensive review of his accomplishments would be necessary to give a more appropriate evaluation. Congrats on the O visa!

A: Usually, it is more difficult to get a green card based on extraordinary ability than it is to get an O-1 visa.

Although meeting three of the following ten criteria will not guarantee that a person qualifies as an individual of extraordinary ability in the arts, sciences, education, business or athletics, if you can not satisfy at least three of the following items, you may wish to consider immigrating through another preference category:

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

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;

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;

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;

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

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

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

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

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

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

The USCIS changed its approach to deciding petitions for persons of extraordinary ability after the Federal Court decision in Kazarian v. USCIS, 596 F.3d 1115 (9 Cir. 2010).

USCIS now follows Kazarian’s two-step test: (1) Determine whether the petitioner has submitted evidence that meets the standards stated above; and (2) Determine whether the evidence submitted is sufficient to demonstrate that the beneficiary or self-petitioner meets the required high level of expertise for the extraordinary ability preference category during a final merits determination.

In other words, USCIS first analyzes whether the person’s evidence meets at least three of the above ten factors listed in the regulations. Only then does the agency consider whether he is a person of extraordinary ability.