Immigration Attorney: Aliens of Extraordinary Ability

Law Office of Michael McVicker

CRITERIA FOR ALIENS OF EXTRAORDINARY ABILITY

As set forth under the Immigration and Nationality Act of 1990 and its implementing regulations, a foreign national filing for classification as an alien of extraordinary ability in the sciences, arts, education, business, or athletics must provide:

1. Evidence of a one-time achievement, such as a major internationally recognized award indicating that the foreign national has earned national or international acclaim as the result of achievements placing him or her at the top of that field;

OR

2. Evidence of at least three of the following:
a) Receipt of lesser nationally or internationally recognized awards in the field;
b) Membership in associations that require outstanding achievements of their members in the field of expertise as judged by other experts in the field;
c) Published material about the foreign national and his or her work in professional/trade journals;
d) Participation by the foreign national as a judge of another's work in his or her field;
e) Original scientific or scholarly contributions of major significance by the foreign national in the field of expertise;
f) Authorship of scholarly articles published in professional or trade journals;
g) Display of the foreign national's work at exhibitions (for scientists, presentations and posters at academic conferences qualify for this category);
h) Participation in organizations of distinguished reputation in a leadership or critical role;
i) Receipt of a high salary relative to others in the field;
j) Commercial success in the performing arts;

AND

3. Evidence that the foreign national is coming to the United States to continue work in the field of expertise; no offer of employment is required.

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DISCLAIMER

The foregoing article is provided for general informational purposes only. It is not intended to replace detailed and specific legal advice in individual cases and should not be acted upon as such. The author does not assume responsibility for any loss incurred by a person who pursues, or refrains from pursuing, a course of action in reliance upon the information provided in this article.

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