As set forth under the Immigration and Nationality Act of 1990 and its implementing regulations, a foreign national filing for classification as an alien of extraordinary ability in the sciences, arts, education, business, or athletics must provide:
- Evidence of a one-time achievement, such as a major internationally recognized award indicating that the foreign national has earned national or international acclaim as the result of achievements placing him or her at the top of that field;
- Evidence of at least three of the following:
- Receipt of lesser nationally or internationally recognized awards in the field;
- Membership in associations that require outstanding achievements of their members in the field of expertise as judged by other experts in the field;
- Published material about the foreign national and his or her work in professional/trade journals;
- Participation by the foreign national as a judge of another's work in his or her field;
- Original scientific or scholarly contributions of major significance by the foreign national in the field of expertise;
- Authorship of scholarly articles published in professional or trade journals;
- Display of the foreign national's work at exhibitions (for scientists, presentations and posters at academic conferences qualify for this category);
- Participation in organizations of distinguished reputation in a leadership or critical role;
- Receipt of a high salary relative to others in the field;
- Commercial success in the performing arts;
- Evidence that the foreign national is coming to the United States to continue work in the field of expertise; no offer of employment is required.
Please contact us for additional information on the criteria for U.S. visas for aliens of extraordinary ability and how an immigration attorney can help you with the process.