If it can be established that a green card applicant is one of the very best in his field of endeavor it is possible to obtain a green card in a category entitled “aliens of extraordinary ability”. The characteristics of this category are as follows:
(i) 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;(ii) the Applicant seeks to enter the United States to continue work in the area of extraordinary ability; and,
(iii) the Applicant’s entry into the United States will substantially benefit prospectively the United States.
In order to qualify in this category it must be established that the applicant has reached a level of expertise indicating that he is one of that small percentage who has risen to the very top of his field of endeavor. It must also be established that the applicant will be coming to the United States to work in his field of expertise.
The type of documentation required to establish that you are of extraordinary ability is as follows:
1. Documentation of a major one-time achievement, such as receipt of a major award, (e.g., Nobel Prize or Pulitzer Prize); or,
2. At least three of the following types of documentation:
- Receipt of nationally or internationally recognized prizes or awards for excellence in the applicant’s field;
- Membership in associations in the relevant field that require outstanding achievements of their members, as judged by recognized national or international experts in the field;
- Published material in professional or major trade publications or media about the applicant. This material must relate to the applicant’s work in the relevant field, and must include the title, date and author of the published material;
- Evidence that the applicant acted as a judge of others’ work in the same or related field, individually or as a member of a panel;
- Evidence of the applicant’s original scientific or scholarly contributions of major significance in the field, or authorship of scholarly articles in professional journals or other major media;
- Evidence of the applicant’s employment in a “critical or essential capacity” for an organization or establishment with a distinguished reputation;
- Evidence of the applicant’s past, present or future high salary or other significantly high remuneration for services as compared to others in the field.
The main advantage of this category is that the applicant need not be sponsored by an employer, and thus does not need a labor certification in order to obtain a green card as an alien of extraordinary ability.
If you would like to explore your specific green card options please send a request to us at:
Leibl and Kirkwood PC
12625 High Bluff Drive
Suite 213
San Diego, CA 92130
Tel. (858) 481-5211
Fax. (858) 481-7271