Extraordinary Ability Visa Petitions

This category encompasses those individuals who can demonstrate 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. Extraordinary Ability Aliens are those individuals who are a part of “that small percentage” who have risen to the very top of their field of endeavor”

No job offer or labor certification is required under this category. In other words, an applicant can be a “self petitioner”. However, a petitioner must submit evidence to show that he/she will continue to work in the US in the area of “extraordinary ability”. In other words, one should submit letters from prospective employers, evidence of prearranged commitments for employment such as contracts, or a statement from the individual detailing how he/she intends to continue his/her work in the United States.

Requirements: Extraordinary ability can be evidenced by a major internationally recognized award, such as the Nobel Prize. Absent this, the evidence submitted must satisfy at least three of the following ten standards.

1. Documentation of the receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
2. Documentation of membership in associations in the field of endeavor which require outstanding achievements of their members as judged by recognized national or international experts in their disciplines or field;
3. Published material about the individual in professional or major trade publications or other major media, relating to the person’s work in the field for which classification is sought. Such evidence must include the title, date, and author of the material, and any necessary translation;
4. Evidence of the individual’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization;
5. Evidence of the individual’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
6. Evidence of the individual’s authorship of scholarly articles in the field, in professional or major trade publications or other major media;
7. Evidence of the display of the individual’s work in the field at artistic exhibitions or showcases;
8. Evidence that the individual has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
9. Evidence that the individual has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or
10. Evidence of commercial successes in the performing arts, as shown by box office receipts of record, cassette, compact disc, or video sales.

In addition to the above, the regulations also specify that if the above standards do not readily apply to the individual’s occupation, he/she may submit “comparable evidence” to establish that person’s eligibility.

 

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