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Alien of Extraordinary Ability
This category is reserved for those who have achieved a level of expertise
that includes the individual in one of a small percentage of individuals who
have risen to the very top of their field of endeavor. The Immigration and
Nationality Act defines workers of extraordinary ability as those who can show
that they have extraordinary ability in the Sciences, Arts, Education, Business,
or Athletics, which has been demonstrated by sustained national or international
acclaim, and whose achievements have been recognized in the field through
extensive documentation.
One of the main advantages of filing under
this category is that neither a job offer nor a labor certification is
required. Although an employer can petition for an extraordinary worker, this is
not necessary as the individual can self-petition. Whether the individual
self-petitions or an employer files on an individual's behalf, USCIS requires
evidence that the individual will continue to work in the United States in
his/her area of expertise. Such evidence can include letters from prospective
employers evidence of prearranged commitments for employment, or a description
of how the individual will continue to work in their field in the United States.
Basic Requirements
Receipt of a
major internationally recognized award, such as the Nobel Prize, can on its own
qualify an individual for this classification. Most individuals, however, will
have to demonstrate their national or international excellence by presenting
evidence in at least three (3) of the following ten (10) documentation
categories:
- Receipt of lesser nationally or internationally recognized prizes or awards
for excellence;
- Membership in associations in the field for which classification is sought
which require outstanding achievements of their members;
- Published material about the alien in professional or major trade
publications or other major media relating to the alien's work;
- Evidence of the alien's original scientific, scholarly, artistic, athletic
or business related contributions of major significance;
- Evidence of the alien's authorship of scholarly articles in the field;
- Evidence of the display of the alien's work in the field of 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;
- Evidence of commercial successes in the performing arts (such as box office
receipts or record/CD/video sales).
The regulations also allow
for comparable evidence to be submitted if the above documentation categories do
not apply.
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