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EB-2 Visa Category: Extraordinary ability

Requirements for Permanent Residency as Priority Worker

EB-1 Category: Individual with Extraordinary Ability

For most individuals who will immigrate by way of their occupation, a permanent job offer is needed as well as an approved labor certification from the Department of Labor. However, certain individuals, such as those with "extraordinary ability" are given priority in processing. Individuals who qualify are allowed to bypass the labor certification process, and visas are immediately available for them. "Extraordinary ability" is defined as a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor. To qualify, the individual must meet the following requirements:

  • Is recognized nationally or internationally;
  • Has received a major internationally-recognized award, OR
  • Meets at least 3 of 10 criteria as outlined below
  • Is coming to the U.S. to continue work in the area of expertise

National or International Recognition

An individual with extraordinary ability must be recognized nationally or internationally in his/her field. INS defines someone as nationally or internationally recognized if they can provide documents showing receipt of a major internationally-recognized award. In lieu of a major award, documents may be provided in three of the following ten areas:

  • Prizes or awards. Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor
  • Membership in elite associations. 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
  • Articles written by others re: alien. 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
  • Participation in review of others. 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
  • Original research or contribution. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field
  • Books or articles. Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media
  • Displays of alien's work. Evidence of the display of the alien's work in the field at artistic exhibitions or showcases
  • Evidence of alien's critical role in elite organizations. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation
  • High salary. Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field
  • Commercial success. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales

(Note: If the above standards do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence to establish the beneficiary's eligibility) Intent to Work in the U.S.

The individual must present clear evidence that he or she is coming to the U.S. to continue work in the area of expertise. Such evidence may include:

  • Letter(s) from prospective employer(s)
  • Evidence of prearranged commitments such as contracts
  • A statement detailing plans for continuing his/her work in the U.S.

Kingston, Martinez & Hogan immigration represents clients throughout the United States and California, Ca, Southern California, santa barbara, goleta, santa ynez, goleta valley, ventura, oxnard, camarillo, los angeles, and Los angeles county. nationally, many clients come from Nevada, Arizona, Oregon, Washington, new mexico, colorado, detroit, chicago, dallas, new york city, boston, philadelphia, and washington d.c. Internationally, we work with companies and individuals all over world, including mexico and canada.