Mark A Ivener, A Law Corporation

Aliens of Extraordinary Ability

Any person (including the alien him/herself) may file an I-140 Petition on behalf of an alien who has extraordinary ability in the sciences, arts, education, business, or athletics. This category is reserved for a very small percentage of individuals who have risen to the top of their field of endeavor. Their abilities must have been demonstrated by sustained national or international acclaim in their field, and they must be coming to the U.S. to work in their field of recognized acclaim, although no job offer or labor certification is required at the time of filing the I-140 petition. Documentary evidence that must be filed in support of the petition must include either evidence of a one-time, major, internationally recognized award such as a Nobel Peace Prize, or Academy Award, or at least three of the following:

  1. Documentation that the alien has received lesser nationally or internationally recognized prizes or awards for excellence in his/her field of endeavor.
  1. Evidence of the alien’s membership in associations in the field for which the classification is sought which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines of fields.
  1. Published material about the alien in professional or major trade publications or other major media relating to the aliens work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation;
  1. Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of other in the same or an allied filed for which classification is sought;
  1. Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
  1. Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media;
  1. Evidence of the display of the alien’s work in the field at artistic exhibition or showcases;
  1. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
  1. Evidence that the alien has commanded a high salary or other significantly high remuneration for services in relation to others in the field; or
  1. Evidence of commercial successes in the performing arts, as shown by box office receipts, or record, cassette, compact disk, or video sales.

If the above standards do not readily apply to the alien’s occupation, the petitioner may submit comparable evidence to establish the alien’s eligibility for permanent residence.