Exceptional Ability and Advanced Degree Professionals

This category encompasses those individuals with advanced degrees in professional fields and persons of “exceptional ability” in the “sciences, arts, or business”. As a general rule, a petitioner (employer) must file a Form I-140 petition for an employee beneficiary, accompanied by an approved individual labor certification from the United States Department of Labor. (See separate section on the Labor Certification process.) Exceptions to the labor certification process apply for physical therapists and certain specially designated professions. An individual may also seek exemption from the requirement of an employer petitioner and labor certification in the “National Interest”.

 Advanced Degree: The regulations define an “advanced degree” as any United States academic or professional degree or a foreign equivalent degree above that of a baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in that specialty should be considered the equivalent of a master’s degree. If a doctoral degree is customarily required by the specialty, an individual must have a United States doctorate or a foreign equivalent.

Exceptional Ability: The regulations define exceptional ability in the sciences, arts, or business as a degree of expertise significantly above that ordinarily encountered in those fields. To show that an individual is of exceptional ability in the sciences, arts, or business, a petition must be accompanied by at least 3 of the following:

1. An official academic record showing that the individual has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
2. Evidence in the form of letters from current or former employers showing that the individual has at least ten years of full-time experience in the occupation for which he/she is being sought;
3. A license to practice the profession or certification for a particular profession or occupation;
4. Evidence that the individual has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
5. Evidence of membership in professional associations; or
6. Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations;
7. The individual may submit comparable evidence if the above standards do not readily apply to that person’s occupation.

 

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