Extraordinary Ability Petitions

Extraordinary Ability Petitions

by SCwpadmin

A foreign national with extraordinary ability in the arts, sciences, education, business, or athletics is eligible for treatment as a priority worker under the EB-1 preference category. The regulations specifically provide that an extraordinary ability petition may be filed by the individual as a self-petitioner and that an employer is not required to sponsor the petition.

Frequently Asked Questions about Extraordinary Ability Petitions

WHO ARE INDIVIDUALS OF EXTRAORDINARY ABILITY?

This refers to people who have risen to the very top of their fields in the sciences, arts, education, business, or athletics.

  • Applicants must have extensive documentation showing sustained national or international acclaim in their field; or
  • A degree or expertise significantly above that of others in their field.

WHAT ARE THE REQUIREMENTS TO QUALIFY AS AN INDIVIDUAL OF EXTRAORDINARY ABILITY?

  • The field involves the sciences, art, education, business, or athletics.
  • The applicant must have received sustained national or international acclaim in the form of either:
    1. Receipt of a major one-time achievement award (such as a Nobel Prize, Olympic Gold Medal, Academy Award);
    2. Or at least three of the following:
      • Receipt of lesser nationally/internationally recognized prizes/awards for excellence in a field.
      • Membership in associations in the field which require outstanding achievements as judged by recognized experts in the field.
      • Publication in major, recognized publications about the individual’s work.
      • Participation as a judge of others in the field.
      • Major original contributions to the field.
      • Authorship of scholarly articles in the field published in major publications.
      • Display of the work in exhibitions or showcases.
      • Playing critical role for distinguished organization.
      • Commanded very high salary compared to others in your field.
      • Commercial success in the performing arts.

WHAT ARE THE ADVANTAGES TO FILING A PETITION UNDER THE EXTRAORDINARY ABILITY CATEGORY?

A labor certification is not required, and there is no necessity for an offer of employment as long as the individual is coming to the U.S. to continue to work in his or her area of expertise.

ARE THERE ANY DISADVANTAGES TO FILING UNDER THIS CATEGORY?

The standard is very high and the criteria are rigorous.  Simply presenting evidence in three categories does not mean the petition will be approved. Voluminous documentation is required to present a good application.

Please Contact us if you would like more information about applying for permanent residence through the Extraordinary Ability category.

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