Extraordinary Ability Aliens
The United States will allow you to self-petition for a Green Card, if you can document your extraordinary ability in the Sciences, Arts, Education, Business or Athletics. If you qualify to sponsor yourself for a Green Card, upon approval of your Visa Petition, you may be eligible to adjust your status in the United States to that of a Lawful Permanent Resident.
This category under employment-based immigration does not require someone to have a job offer in order to obtain Lawful Permanent Residency and it does not require that the Department of Labor certify your employment in the United States. The only thing you have to do is prove is that you are a person extraordinary ability in your field of work.
Meaning of extraordinary ability
The catch to winning your case is that your work must fit within the requirements expected by the offices of U. S. Citizenship and Immigration Services (USCIS). Under the immigration regulations, people are considered to have extraordinary ability when they have risen to the very top of their field of work or endeavor. While your extraordinary ability may be in the sciences, arts, education, business, or athletics, you must demonstrate that you have continued national or international acclaim and that your achievements have been recognized in your field of expertise.
Basic application
As with every immigration benefit, the process begins with the preparation and filing of an application with the offices of USCIS. The main advantage of filing this application is that you are not required to have a labor certification approved by the Department of Labor or even a specific job offer.
Nonetheless, you must include evidence that you plan to continue to work in your area of expertise. Examples of this evidence could be in the form of letters from prospective employers, prearranged commitments for employment, or even a description of how you will continue to work in the United States.
Additional proof
However, your application and statement of your continued work in the United States is not enough to approve your application and allow you to continue toward the process of obtaining Lawful Permanent Residency. CIS expects to see additional documents to verify your extraordinary ability.
If you have been awarded a Nobel Prize, or an award that compares to it, then that is all the additional document that CIS needs to approve your application. Unfortunately, it is difficult to imagine an international award that compares to the Nobel Prize and that CIS will accept as equal.
Fortunately, the immigration regulations allow you to provide alternate documents to prove your continued success and recognition in your field of expertise. For example, you can provide evidence of the following:
- Receipt of other nationally or internationally recognized prizes or awards;
- Your membership in associations in your area of expertise that require outstanding achievement of their members;
- Published materials about you in professional or major trade publications;
- Proof that you have participated as a judge of the work of others in your field of expertise;
- Your original contributions of major significance in your field;
- Proof that you have been the author of scholarly articles;
- Display of your work at artistic exhibitions or showcases;
- Proof that you have performed in a leading or critical role or position for organizations that have a distinguished reputations;
- Proof that you have earned a high salary in comparison to others in your field of expertise; or
- Proof of your commercial success in the performing arts.
Out of this list, the more evidence that you can provide, the better chance your application will have to be approved. Experience teaches that the Officers reviewing such applications seem to approve only those cases where a person’s extraordinary ability is clearly presented and in the end it appears that having the person in the United States will substantially benefit this country.
You can also submit any additional documents, which explain in more detail your extraordinary ability. Such evidence could be in the form of expert opinion letters attesting to your ability. The person who writes a letter on your behalf should be an expert in your field, and not merely a friend. The letter should include the person’s name and occupation, as well as his or her qualifications for writing a letter on your behalf, followed by a description of your extraordinary ability and how you compare to others in your field of expertise. These letters could be very helpful as additional evidence to accompany your application, but only if each letter can be distinguished from the others.
After filing the application
Once CIS has received your application, all that remains to do is wait. CIS could either approve your application or send you a letter requesting further evidence. If your application is approved, you are one step closer to obtaining your Lawful Permanent Residency. And that is extraordinary!