Permanent Resident Status Based on Being an Alien of Extraordinary Ability in the Arts, Business or Sciences

Immigration Attorneys in Los Angeles, Lawyer, Lawyer, Attorney > Employment Based Green Cards > Permanent Resident Status Based on Being an Alien of Extraordinary Ability in the Arts, Business or Sciences

Persons of “extraordinary ability” may become permanent residents without undergoing the time-consuming labor certification process. In fact, such persons do not need an employer to file a petition to INS on their behalf since they are permitted to “self-petition”. An individual of “extraordinary ability” according to INS regulations “is one who belongs to that ‘small percentage’ who has “risen to the very top of the field of endeavor”. However, in practice, the INS has been more liberal in interpreting the law. The key is how the “field of endeavor” is defined in the petition. Obviously, it is far more difficult to be one of the best singers or artists in the world, but being one of the top Peruvian flautist or authorities on rare and antiquarian books of the Victorian period in Britain (one of our cases) is far more easy to establish. Under the regulations it is necessary to demonstrate three of the following ten criteria:

1. Documentation of the alien’s receipt of lesser nationally or internationally- recognized prizes or awards for excellence in the field of endeavor;
2. Documentation of the alien’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;
3. Published material about the alien in professional or major trade publications or other major media, relating to the alien’s 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;
4. Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought;
5. Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business- related contributions of major significance in the field;
6. Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media;
7. Evidence of the display of the alien’s work in the field at artistic exhibitions or showcases;
8. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
9. Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or
10. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

Upon approval, the alien (and his or her husband or wife and unmarried children under 21) can file for either adjustment of status at the local INS District Office or have the case processed at the appropriate American Consulate or Embassy in his or her home country. If an adjustment of status application is filed then the INS will issue a “work permit” (employment authorization document) to the applicant and his or her spouse so they can legally work in the United States while the application is pending. It is also possible to obtain “advance parole” so that the applicant and family members can travel abroad and return to the United States during this period of time. At the interview a letter reconfirming that the employer still intends to employ the alien on the terms stated in the application must be submitted. Assuming the applicant and his family members are otherwise qualified (no serious criminal or deportation record, fraud, etc.) the INS will grant the adjustment of status application or the consul will issue an immigrant visa. The alien and any accompanying family members will then be issued their “green cards”. The alien should be placed on the employer’s payroll and should work for the employer for a reasonable period of time thereafter. Five years after permanent resident status is granted the foreign worker is eligible to apply for U.S. citizenship.

Our office, based on our knowledge of the law and many years of experience will advise you regarding the best course of action to take in your particular case and will prepare and file all necessary applications and correspondences. Usually, all that is required of the employer is to review and sign the application, petition, and reconfirmation letters and provide general documentation about the company’s operations and the job offer. Since the law and procedures are the same throughout the nation we can handle cases anywhere in the United States. If you have any questions regarding the above, please do not hesitate to call our office.