EXTRAORDINARY ABILITY
In order to apply for permanent residency as an "alien of extraordinary
ability", an applicant must show that he/she has extraordinary ability
in the sciences, arts, education, business or athletics. Moreover, the applicant
must demonstrate sustained national or international acclaim and achievements
that have been recognized in his/her field through extensive documentation.
By evidencing the above, the applicant must have demonstrated that he/she is
one of that small percentage who has risen to the very top of his/her field
of endeavor. Although this may sound daunting, there are objective criteria
that may be used to meet the standards for success. Please note that if the
applicant has received a major, international award (i.e., a Nobel Prize), none
of the following standards will apply because he/she will automatically qualify
based on the singular achievement.
The criteria outlined below will assist in establishing that the applicant is
an "alien of extraordinary ability". By statute, the applicant must
produce a minimum of three (3) of the following types of evidence that will
establish that he/she is one of that small percentage who has risen to the top
of his/her field of expertise:
· Documentation of receipt of a lesser nationally or internationally
recognized prize or award for excellence in the applicant's field;
· Documentation of membership in associations in the applicant's field
that demand outstanding achievement of its members;
· Evidence of published material about the applicant, in trade publications
or media;
· Evidence that the applicant has performed services as a judge of the
work of others in his/her field;
· Evidence of the applicant's original contributions of major significance
to his/her field;
· Evidence of authorship of scholarly articles;
· Evidence of the display of the applicant's work at exhibitions or
showcases;
· Evidence that the applicant has performed in a leading or critical
role for organizations that have a distinguished reputation;
· Evidence that the applicant has commanded high remuneration in relation
to others in his/her field; or
· Evidence of the applicant's commercial success in the performing arts.
If the above standards do not readily apply to the applicant's field of extraordinary
ability, he/she may submit comparable evidence in order to establish eligibility.
In addition, the petition must be accompanied by clear evidence that the applicant
is coming to the United States (or will remain in the U.S.) to work in his/her
area of expertise.
A critical advantage to qualifying as an individual of extraordinary ability
is that neither a job offer nor a labor certification is required. Form I-140,
Petition for Alien Worker, is filed as a self-petition at the U.S. Citizenship and Immigration Services
center that has jurisdiction over the place where the
applicant intends to work. Upon approval, he/she will be eligible to become
a permanent resident.
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