Law Office of Janis Peterson-Lord

Employment-Based First Preference Category

Pursuant to 8 USC 1153(b)(1)(A), a person may apply for a visa on the basis of "extraordinary ability" or pursuant to 8 USC 1153(b)(1)(B) on the basis of being an "outstanding" professor or researcher.

The advantages of this category are:

1) that an employer is not required to sponsor this Petition.

2)There is no Labor Certification requirement where there is a need to show that there are no US workers available to perform the employment position.

3) For those from China and India with a substantial backlog in visa categories, this option is available immediately.

Extraordinary Ability Eligibility

A person defined by USCIS as possessing extraordinary ability are those with "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." The evidence must demonstrate 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" to be granted this classification.

For example, if you receive a major internationally recognized award, such as a Nobel Prize, you will qualify for an EB-1 classification. Other awards may also qualify if you can document that the award is in the same class as a Nobel Prize.

Since few workers receive this type of award, The second way to prove extraordinary ability is to provide evidence of at least three of the following:

1. Receipt of lesser nationally or internationally recognized prizes or awards for excellence

2. Membership in associations in the field which demand outstanding achievement of their members

3. Published material about the alien in professional or major trade publications or other major media

4. Evidence that the alien has judged the work of others, either individually or on a panel

5. Evidence of the alien's original scientific, scholarly (education), artistic, athletic, or business-related contributions of major significance to the field

6. Evidence of the alien's authorship of scholarly articles in professional or major trade publications or other major media

7. Evidence that the alien's work has been displayed at artistic exhibitions or showcases

8. Performance of a leading or critical role in distinguished organizations

9. Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field

10. Evidence of commercial successes in the performing arts

The worker may submit "other comparable evidence" if the above criteria does not apply.

Outstanding Professor or Researcher

For this category, a job offer is required, for a tenure or tenure-track professor or a permanent researcher. Applicants must be internationally recognized as outstanding, and possess at least three years of experience in either teaching or research.  Both the employer and the applicant must meet specific requirements.

Petitioners must submit the following evidence:

1. Documentation of the applicant's receipt of major prizes or awards for outstanding achievement in the academic field;

2. Demonstration of the applicant's membership in associations in the academic field which requir outstanding achievement to belong;

3. Published material in professional publications written by others about the applicant's work in the academic field.

4. Evidence of the applicant's participation in the judging of the work of others in the same or an allied academic field;

5. Evidence of the applicant's origianl scientific or scholarly research contributions to the academic field; or

6. Evidence of the applicant's authorship of scholarly books, or articles in scholarly journals with international circulation, in the academic field.

In order to receive an evaluation of your potential application for a self-sponsored Extraordinary Ability petition, please email the following items:

1. Complete Curriculum Vitae or resume. The CV should include any U.S. government funded projects on which you are working and the grant numbers, if applicable. The extraordinary ability and national interest applications are more favorably viewed if you are working on government funded projects. Please include all of your publications. If you have been asked to serve as a publications reviewer, or as a judge of the work of others, please describe that.

2. One to two page description of what you do and why it is important to U.S. taxpayers

3. The names of at least five individuals who might be willing to write letters of recommendation on your behalf. Please include where they work. Normally, most of the letters should not be from individuals with whom you work; include no more than two in which the letter writers have the same employer as yours. The more letter writers that you can provide the better and stronger your case will be. Please indicate if there is anything special about any of these people that we should know. Describe their positions and credentials.

4. Please include your telephone numbers so that we may contact you