An Alien of Extraordinary Ability petition requires the person to demonstrate
s/he is in fact extraordinary. Extraordinary Ability means a “level of expertise indicating that the person is
one of the small percentages who have risen to the top of the field of endeavor.” Extraordinary Ability may be
evidenced by the beneficiary’s receipt of a “major, internationally recognized award, such as the Nobel Prize.”
Alternatively, extraordinary ability may be evidenced by at
least three of the following ten forms of documentation:
- Receipt of lesser nationally or internationally recognized prizes or awards
- Membership in associations that require outstanding achievement
- Published material about you in professional or major trade publications or other media
- Served as a judge of the work of others (individually or on a panel)
- Original contributions of major significance in the field (scientific, scholarly, artistic, athletic, or business-related)
- Authorship of scholarly articles or publications in profession or major trade publications
or media
- Display of work at Artistic exhibitions or showcases
- Performance of a Leading or critical role for distinguished organizations
- Receipt of High salary or remuneration in relation to others in the field
- Commercial success in performing arts
Process: Unlike the Outstanding Researcher, this petition does not require
a permanent job offer and therefore you can self-petition without an employer. You can then concurrently file Form I-140
and Form I-485 including all supporting documentation with USCIS. You can also apply for and receive work and travel
authorization while the application is pending with USCIS. Or, you can only file Form I-140 and proceed with Consular
Processing.
After reviewing
the facts of your specific case, we may recommend that you concurrently file a National Interest Waiver at the same as an
Alien of Extraordinary Ability Petition to possibly increase your chances of approval since the essential criteria overlap.
This is not recommended for all cases.