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- have 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,
- seek to enter the United States to continue work in the
area of extraordinary ability, and
- their entry into the United States must substantially
benefit prospectively the United States.
The INS regulations define ''extraordinary ability'' as ''a
level of expertise indicating that the individual is one of
that small percentage who have risen to the very top of the
field of endeavor,'' and requires evidence ''that the alien
has sustained national or international acclaim and that his
or her achievements have been recognized in the field of expertise.
Such evidence shall include evidence of a one-time achievement
(that is, a major internationally recognized award), or at least
three of the following:
- Documentation of the alien's receipt of lesser nationally
or internationally recognized prizes or awards for excellence
in the field of endeavor;
- 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;
- Published material about the alien in professional or
other major trade publications or 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;
- 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 specialization for which classification
is sought;
- Evidence of the alien's original scientific, scholarly,
artistic, athletic, or business-related contributions of
major significance in the field;
- Evidence of the alien's authorship of scholarly articles
in the field, in professional or major trade publications
or other major media;
- Evidence of the display of the alien's work in the field
at artistic exhibitions or showcases;
- Evidence that the alien has performed in a leading or
critical role for organizations or establishments that have
a distinguished reputation;
- Evidence that the alien has commanded a high salary or
other significantly high remuneration for services, in relation
to others in the field; or
- Evidence of commercial successes in the performing arts,
as shown by box office receipts or record, cassette, compact
disc, or video sales.
Although ''extraordinary'' applicants do not need an employer
or other sponsor, they must be coming ''to continue work in
the area of expertise ... .'' Evidence recommended by the INS
includes ''letter(s) from prospective employer(s), evidence
of prearranged commitments such as contracts, or a statement
from the beneficiary detailing plans on how he or she intends
to continue his or her work in the United States.'' It is enough
to show that such aliens will continue to work in their ''field";
there is no requirement that they pursue the specific topics
of research, for example, that brought them fame. That the alien's
entry ''substantially benefit prospectively the United States''
is the most liberal of such demands: apparently, a substantial
benefit to the United States in any of its aspects, interests
or needs will do.
Outstanding
Professors and Researchers
The Outstanding Professors and Researchers include has the following
requirements:
- the alien is recognized internationally as outstanding
in a specific academic area,
- the alien has at least 3 years of experience in teaching
or research in the academic area, and
- the alien seeks to enter the United States--
- for a tenured position (or tenure-track position) within
a university or institution of higher education to teach
in the academic area,
- for a comparable position with a university or institution
of higher education to conduct research in the area, or
for a comparable position to conduct research in the
area with a department, division, or institute of a private
employer, if the department, division, or institute employs
at least 3 persons full-time in research activities and
has achieved documented accomplishments in an academic field.
Executive and Managerial
Intracompany Transferees
To qualify as an Executive or Managerial Intracompany Transferee,
the applicant must be an alien who:
- during the 3 years immediately preceding the petition
for EB-1 classification has been employed in a managerial
capacity for at least an aggregate of one year by a foreign
firm or corporation or other legal entity or an affiliate
or subsidiary thereof (if the applicant is already in the
U.S. in L-1 nonimmigrant status, the one year employment
abroad may have taken place during the three year period
immediately preceding the admission in L-1 status); and
- who seeks to enter the United States permanently in order
to continue to render services to the same employer or to
a subsidiary or affiliate thereof in a capacity that is
managerial or executive.
In order to qualify as a petitioner, the U.S. entity must exist
and be doing business for at least one year prior to the filing
of the petition. |
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