Immigration Petition Through Exceptional Ability

INS regulations, at 8 C.F.R. section 204.5(k)(3), require that to show that you are a person of exceptional ability in the sciences, arts, or business, your employer must submit a petition to the appropriate INS Service Center having jurisdiction over the location where you are employed.

The petition must be accompanied by at least three of the following items:

• An official academic record showing that the alien 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;
• Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
• A license to practice the profession or certification for a particular profession or occupation;
• Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
• Evidence of membership in professional associations; or
• Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.