Alien with Extraordinary Ability
We have represented about 100 plus clients in their applications under this category. With a few exceptions, our cases are approved in an average of 4-6 months. Denial rate is less than 5%. Please contact us by sending your resume for free evaluation. Unlike many other immigration attorneys, we do not charge for RFE, and we do write a very compelling petition letter arguing your case before the USCIS.
The following information is a starting point to evaluate your qualifications. It should not replace professional consultation.
Aliens with ‘extraordinary ability’ in the arts, sciences, education, business and athletics
The Alien of Extraordinary ability category is, in effect, reserved for that small percentage who has risen to the very top of their field of endeavor. This subcategory covers aliens possessing extraordinary ability in the sciences, arts, education, business or athletics. The extraordinary ability subcategory does not require a specific job offer, so long as the alien states that he/she will continue to work in the field of their extraordinary ability in the US. This means that the alien may file a petition on his/her own behalf, rather than having an employer file for them.
United States Citizenship and Immigration Services (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.” In order to show that an alien has “extraordinary ability”, the alien must show three of the following ten 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
- Commercial success in the performing arts, as shown by box office receipts and sales