The immigrant version of the classification (EB-1A), which grants permanent residency, additionally requires the alien to demonstrate "sustained national or international acclaim", "achievements recognized by others in the field of expertise", and "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".
Moreover, the O-1 non-immigrant classification includes different standards and criteria for aliens in the arts, athletics, and the motion picture industry.
An alien must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.
[4] An alien must provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal), or meet 3 of 10 criteria below and demonstrate that he or she has:[3] E11 classification and E16 classification are the same except E11 is issued for people currently living outside the United States, whereas E16 is issued to people who currently reside in the United States and would like to adjust their immigration status.
In addition, the alien's performance at the so-called major-league level does not automatically establish that he or she meets the extraordinary ability standards.
Finally, Congress intended that in the absence of a one-time achievement, an alien could qualify for the classification based on a "career of acclaimed work."
Carreira argued in the appeal that the criteria used in her case were unreasonable because they were so restrictive that, were they to be applied generally, they would allow no athletes at all to qualify as aliens of extraordinary ability.
After winning her US green card, Carreira competed for the US and won a bronze medal at the 2022 Four Continents Figure Skating Championships.