Extraordinary Ability: Evidence Required For U.S. Permanent Residency
In order to qualify for lawful permanent resident status in the Extraordinary Ability category (defined as having achieved 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 in the sciences, arts, education, business, or athletics), the application must include evidence of sustained national or international acclaim and prove that the achievements have been recognized in the field of expertise. Such evidence shall include either a one-time major, internationally recognized award, or at least three of the following:
1. Documentation of the individual's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
2. Documentation of the individual'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 individual in professional or major trade publications or other major media, relating to the individual's work in the field for which classification is sought.
4. Evidence of the individual's participation, either individually or on a panel, as a judge of the work of others in the field of specialization for which classification is sought.
5. Evidence of the individual's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.
6. Evidence of the individual'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 individual's work in the field at artistic exhibitions.
8. Evidence that the individual has performed in a leading or critical role for organizations or establishments that have a distinguished reputation.
9. Evidence that the individual has commanded a high salary or other significantly high remuneration for services, in relation to others in the field.
10. Evidence of commercial successes in the performing arts.
It is important to note that as a result of the 2010 Kazarian case, it is no longer sufficient that the evidence meet the criteria listed above; it must also contribute to a finding that petitioner is an individual of "extraordinary" ability.
Bennett Savitz specializes in assisting those with extraordinary ability with their applications for permanent U.S. residency. Here at Savitz Law, we can also assist in many other areas of business immigration law. Contact us today!