Extraordinary Ability Green Card

EB-1A

Demonstrate exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.” You must meet at least three of the criteria below:

• Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability

• Letters documenting at least 10 years of full-time experience in your occupation

• A license to practice your profession or certification for your profession or occupation

• Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability

• Membership in a professional association(s)

• Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations

• Other comparable evidence of eligibility is also acceptable.

or

Demonstrate possession of an advanced degree. You must possess such a degree or its foreign equivalent (a baccalaureate or foreign equivalent degree plus 5 years of post-baccalaureate, progressive work experience in the field).

**Additional criteria required for National Interest Waiver:

• The proposed endeavor should have both substantial merit and national importance.

• You are well positioned to advance the proposed endeavor.

• It would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification.

Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability and whose employment in the United States would greatly benefit the nation. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker.

The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.

O-1A

Extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that you are one of the small percentage who have arisen to the very top of the field.

The supporting documentation for an O-1A petition must include evidence that the beneficiary has received a major internationally recognized award (such as the Nobel Prize) or at least three of the following forms of evidence:

• Documentation of the beneficiary's receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;

• Documentation of the beneficiary'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;

• Published material in professional or major trade publications or major media about the beneficiary, relating to the beneficiary's work in the field for which classification is sought, which must include the title, date, and author of such published material, and any necessary translation;

• Evidence of the beneficiary's participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization for which classification is sought;

• Evidence of the beneficiary's original scientific, scholarly, or business-related contributions of major significance in the field;

• Evidence of the beneficiary's authorship of scholarly articles in the field, in professional journals, or other major media;

• Evidence that the beneficiary has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation; or

• Evidence that the beneficiary has either commanded a high salary or will command a high salary or other remuneration for services, as evidenced by contracts or other reliable evidence.

O-1B

Extraordinary ability in the field of arts means distinction. Distinction means a high level of achievement in the field of the arts. This is evidenced by a degree of skill and recognition substantially above that ordinarily encountered, to the extent that you are prominent, renowned, leading, or well-known in the field of arts.

To qualify for an O-1 visa in the motion picture or television industry, you must demonstrate extraordinary achievement. This is evidenced by a degree of skill and recognition significantly above that ordinarily encountered, to the extent that you are recognized as outstanding, notable or leading in the motion picture and/or television field.

The supporting documentation for an O-1B (Arts) or O-1B(Motion Picture or Television Industry) petition must include evidence that the beneficiary has received, or been nominated for, a significant national or international award in the particular field (such as an Academy Award, Emmy, Grammy, or Director’s Guild Award) or at least three of the following forms of evidence:

• Evidence that the beneficiary has performed, and will perform, services as a lead or starring participant in productions or events that have a distinguished reputation, as evidenced by critical reviews, advertisements, publicity releases, publications, contracts, or endorsements;

• Evidence that the beneficiary has achieved national or international recognition for achievements, as evidenced by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications;

• Evidence that the beneficiary has performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation, as evidenced by articles in newspapers, trade journals, publications, or testimonials;

• Evidence that the beneficiary has a record of major commercial or critically acclaimed successes, as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion pictures or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications;

• Evidence that the beneficiary has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the beneficiary is engaged. Such testimonials must be in a form which clearly indicates the author's authority, expertise, and knowledge of the beneficiary's achievements; or

• Evidence that the beneficiary has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field, as evidenced by contracts or other reliable evidence.

If you are an Australian national, you may be eligible for the E-3 Specialty Occupation visa.

For all other nationals, you may be eligible for the H-1B Specialty Occupation Visa.

If you are not qualified for the O-1 visa, you may be able to consider these as an alternative or substitute option to the O-1 visa.

An application for Labor Certification, known by the acronym PERM (Program Electronic Review Management) is often the first of three steps required by an employer who wishes to sponsor a foreign national employee for permanent resident status.

In most instances, the PERM "green card processing" involves three steps:

1. A U.S. employer wanting to hire a foreign worker on full-time permanent basis, files a PERM application with the U.S. Department of Labor Employment and Training Administration (DOL-ETA) for certification;

2. Upon certification, the U.S. employer files an I-140 Immigrant Petition for Alien Worker with the U.S. Citizenship and Immigration Services (USCIS, fka INS), an agency of the U.S. Department of Homeland Security; and

3. Upon approval of the I-140 petition and upon availability of a visa number, the foreign worker files an I-485 Application to Register Permanent Residence or Adjust Status.

There may be “incidental” areas you may require assistance with that are not directly related to the above areas. In such cases, we will determine whether we are able to handle the case on your behalf, if not, we will be able to refer you to a well-qualified attorney through our trusted network of attorney colleagues and peers who will be able to handle the case.