Extraordinary Ability Alien

“I am a person of extraordinary ability in the sciences, arts, education, business, or athletics.”

There is special employment-based immigrant visa that requires no labor certification from the US Department of Labor as a condition of visa issuance. Persons qualifying for this visa category are not required to establish that they are no qualified U.S. workers available for the proposed position.

This particular visa category consists of three subgroups, each with different requirements for eligibility: (a) persons of extraordinary ability, (b) outstanding professors and researchers, and (c) multinational executives and managers. Although each of these subgroups possess different requirements, the very basic requirements for each subgroup are as follows:

Persons of Extraordinary Ability

The applicant must possess extraordinary ability in the sciences, arts, education, business or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation.

Outstanding Professors and Researchers

The applicant must be internationally recognized as outstanding in his or her specific academic area, possess a minimum of 3 years of experience in teaching or research in the area, and be entering the U.S. in a tenure or tenure track teaching or comparable research position at an institution of higher education.

Multinational Executives and Managers

The applicant must have been employed as a manager or executive outside the U.S. for the same U.S. employer, subsidiary or affiliate of the U.S. employer for at least one year within the last three. He or she must also be entering the United States to work as a manager or executive of the U.S. employer.

Applicants for this category of immigrant visa must present extensive documentation demonstrating how they meet the requirements for the visa. Ortega-Medina & Associates can help you determine whether you are an appropriate candidate for this type of application. If you are, our firm will be able to help you present the strongest case possible to substantially increase your success in obtaining your immigrant visa.