Immigration Petition through Extraordinary Ability

The Immigration Act of 1990 created several new types of visas, including this category that leads to a Green Card. This type of Green Card application does not require a job offer. The federal regulations state that the applicant must have extraordinary ability in the sciences, arts, education, business, or athletics or extraordinary achievements in the motion picture and television field.

The basic requirement for this type of visa is that the applicant is at the top of the profession or endeavor for which he/she seeks entry into the United States. This level of distinction will have to be documented. This does not mean that the alien has to have earned extraordinary amounts of money or that worldwide recognition be achieved. This type of petition has been obtained for painters, musicians, jewelers, sculptors and other artistic endeavors.

Persons of extraordinary ability may become permanent residents without undergoing the labor certification process. In fact, such persons do not need an employer to submit a petition to INS on their behalf since they are permitted to "self-petition".

An individual of extraordinary ability is one who belongs to that "small percentage" who have "risen to the very top of the field of endeavor". Although meeting three of the following ten criteria won't guarantee that you will qualify as a individual of extraordinary ability in the arts, sciences, education, business or athletics, if you can not satisfy at least three of these items, move along to the next category:

1. Documentation of the alien's receipt of lesser nationally or internationally- recognized prizes or awards for excellence in the field of endeavor;
2. 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;
3. 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;
4. 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;
5. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business- related contributions of major significance in the field;
6. Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media;
7. Evidence of the display of the alien's work in the field at artistic exhibitions or showcases;
8. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
9. Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or
10. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.