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Extraordinary aliens 

 

If you 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," then you will qualify as a worker of extraordinary ability. If you are the absolute best at what you do and are a member of the "small percentage who have risen to the very top of the field of endeavor", then you can apply under this subcategory.

A few things to note:

  • The extraordinary ability subcategory does not require a job offer. Therefore, no labor certification is required. Consequently, aliens can petition for themselves without needing the assistance of an employer. However, it will be important for the alien to establish that he will continue to work in the area of his specialty. This may be shown by submitting offer letters from potential employers.

  • Receipt of an internationally recognized award. If you are accomplished enough to have received an award of such magnitude as the Nobel Peace Prize, this alone, may qualify the alien for this subcategory.

  • Alternative evidence: 8 CFR Section 204.5(h)(4) permits aliens who possess three of the following types of evidence to also qualify:

    1. Receipt of lesser recognized prizes or awards of excellence

    2. Membership in associations in the field which demand outstanding achievement of their members.

    3. Published material about the alien.

    4. Evidence that the alien is the judge of the work of others.

    5. Evidence of the alien's original contributions of major significance to the field.

    6. Authorship of scholarly articles.

    7. Display of the alien's work at artistic exhibitions or showcases.

    8. Evidence the alien has performed in a leading or critical role for organizations that have a distinguished reputation.

    9. Evidence that the alien commands high remuneration in relation to others in the field.

    10. Evidence of commercial success in the performing arts.

For the application, Form I-140 is used. The alien may file this on his own or have his employer do the filing. Supporting documents must be included. The entire packet will be sent to the INS Service Center which has jurisdiction over the site that the alien will work.

 

 

   
   

 

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This is an advertisement, no attorney/client relationship is established by viewing the contents of this site. As immigration law is constantly changing, information is provided as-is and does not constitute legal advice. Visitors are urged to contact experienced immigration counsel for their immigration matters.