IMMIGRATION & NATURALIZATION LAW

Such evidence shall include evidence of a one-time achievement (that is, a major, international recognized award such as a Nobel Prize, Grammy, etc.), or at least three (3) of the following:

• Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
• Documentation of the alien’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields.
• Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation.
• Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought.
• Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.
• Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media.
• Evidence of the display of the alien’s work in the field at 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 for services, in relation to others in the field.
• Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

If the above standards do not readily apply to the beneficiary’s occupation, the petitioner may submit comparable evidence to establish the beneficiary’s eligibility.

Neither an offer for employment in the United States nor a labor certification is required for this classification; however, the petition must be accompanied by clear evidence that the alien is coming to the United States to continue work in the area of expertise. Such evidence may include letter(s) from prospective employer(s), evidence of prearranged commitments such as contracts, or a statement from the beneficiary detailing plans on how he or she intends to continue his or her work in the United States.

In order to find out the necessary documentation for an Extraordinary Ability petition, please click here

Outstanding Researchers or Professors

To qualify for classification as an Outstanding Researcher, an individual must be able to document that:

• She/he is recognized internationally as outstanding in a specific academic area.
• She/he has at least three (3) years of experience in teaching or research in the academic area.
• She/he seeks to enter the United States.

(I) For a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area.

(II) For a comparable position with a university or institution of higher education to conduct research in the area.

(III) For a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least three (3) persons full-time in research activities and has achieved documented accomplishments in an academic field.

Academic field is defined as a body of specialized knowledge offered for study at an accredited United States university or institution of higher education. Permanent, in reference to a research position, means either tenured, tenure-track, or for a term of indefinite or unlimited duration, and in which the employee will ordinarily have an expectation of continued employment unless there is good cause for termination.

Initial evidence must include at least two (2) of the following:

• Documentation of receipt of major prizes or awards for outstanding achievement in the academic field.
• Documentation of membership in associations in the academic field which require outstanding achievements of their members.
• Published material in professional publications written by others about the applicant’s work in the academic field. Such material shall include the title, date, and author of the material, and any necessary translation.
• Evidence of original scientific or scholarly research contributions to the academic field.
• Evidence of participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field.
• Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field.
• Evidence that the applicant has at least three (3) years of experience in teaching and/or research in the academic field. Experience in teaching or research while working on an advanced degree will only be acceptable if the alien has acquired the degree, and if the teaching duties were such that he or she had full responsibility for the class taught or if the research conducted toward the degree has been recognized within the academic field as outstanding. Evidence of teaching and/or research experience shall be in the form of letter(s) from current or former employer(s) and shall include the name, address, and title of the writer, and a specific description of the duties performed by the alien.
• An offer of employment from a prospective United States employer. A labor certification is not required for this classification.

The offer of employment shall be in the form of a letter from:

• A United States university or institution of higher learning offering the alien a tenured or tenure-track teaching position in the alien’s academic field.
• A United States university or institution of higher learning offering the alien a permanent research position in the alien’s academic field.
• A department, division, or institute of a private employer offering the alien a permanent research position in the alien’s academic field. The department, division, or institute must demonstrate that it employs at least three persons full-time in research positions, and that it has achieved documented accomplishments in an academic field.

Multinational Managers and Executives

A multinational manager or executive will qualify for an Employment Based First Preference Petition if she/he has been employed outside the U.S. in a managerial or executive capacity for at least one (1) full year out of the three (3) years immediately preceding his/her transfer to the U.S., and if his/her position in the U.S. will be with the same company as the foreign employer or one that qualifies as an affiliate, subsidiary or parent of that employer, and if she/he will also qualify as manager or executive.

Multinational managers or executives that have been transferred to an affiliate or subsidiary in the United States through a L-1 visa use this form of petition to obtain Lawful Permanent Residence.