Koerner & Associates - Immigration Law Offices

Extraordinary Ability Petitions

The extraordinary ability subcategory does not require a specific job offer, so long as the alien states that he or she will continue to work in the field of their extraordinary ability in the United States. This means that the alien may file a petition on their own behalf, rather than having an employer file for them.

Extraordinary ability is a relatively new concept in immigration law, being introduced only in 1990. USCIS regulations define extraordinary ability as a "level of expertise indicating that the individual is one of those few who have risen to the top of the field of endeavor."

There are two ways to demonstrate extraordinary ability.

First, the alien can show that they have received a major, internationally recognized award such as a Nobel Prize or an Academy Award. The second and more common method is for the alien to show three of the following 10 types of evidence:

Receipt of lesser national or international prizes or awards for excellence in their field of endeavor;
Membership in associations in the field of endeavor that require outstanding achievements of their members;
Published material about the alien and his work in professional journals, trade publications, or the major media;
Participation, either in a group or alone, as a judge of others in the same or a similar field;
Original scientific, scholarly, or artistic contributions of major significance in the field of endeavor;
Authorship of scholarly articles in the field, published in professional journals or the major media;
Display of the alien's work at artistic exhibitions or showcases in more than one country;
Performance in a lead, starring, or critical role for organizations with a distinguished reputation;
Commanding a high salary compared to others in the field; or
Commercial success in the performing arts, as shown by box office receipts and sales.
Submission of other comparable evidence.

The National Interest Waiver is a waiver of the job offer requirement for individuals who hold advanced degrees or individuals of exceptional ability.