Publications

May, 2008

EXTRAORDINARY ABILITY

The first preference includes immigrants of extraordinary ability, outstanding professors and researchers and multinational executives and managers. This category is current for all nationals.

To prove extraordinary ability in science, art, education, business or athletics sustained national or international acclaim must be shown. No job offer need be shown, but a prospective benefit to the U.S. must be made evident. This category is for individuals who have risen to the very top of their field of endeavor.

Proof may be shown of a major international award such as the Nobel Prize. If the candidate doesn’t have such an award, then 3 of the following must be shown:

1. Receipt of a lesser internationally or nationally recognized prize or award;
2. Membership in associations which require outstanding achievements for membership;
3. Public articles in professional or major trade or media publications about the candidate;
4. Participation as a judge of the work of others;
5. Proof of original scientific, scholastic, artistic, athletic, or business related contributions of major significance;
6. Authorship of scholarly articles in the field;
7. Copies of artistic exhibitions of the candidate;
8. Performance in a leading or cultural role for organizations that have a distinguished reputation;
9. High salary compared to others in the field;
10. Commercial success in the performing arts.

OUTSTANDING PROFESSORS AND RESEARCHERS

This category requires proof that the applicant is outstanding in an academic area and has at least 3 years experience or has done research for 3 years in the academic area. The applicant must be seeking a tenured teaching position or a comparable position at a university or institute of higher education to do research, or hold a research position with a private employer provided the company employs at least 3 people full time in research, and the company has documented accomplishments in an academic field.

MULTINATIONAL EXECUTIVES OR MANAGERS

The applicant must have been employed for 1 year of the last 3 years by a firm or corporation or other legal entity or an affiliate or subsidiary of this entity. Affiliates include entities owned and controlled by the same group of individuals in approximately the same share or proportion of each entity. A subsidiary may be a joint venture if there is equal control or veto power; or it may be less then one half ownership if there is control. If the applicant has been in the U.S. for more then 3 years, and if the individual has been working for the same employer, affiliate or subsidiary in the U.S., it is acceptable if before coming to the U.S., the individual was employed for at least one of the last 3 years abroad before the applicant’s coming to the U.S.

The applicant must have entered the U.S. to work for the same employer, subsidiary or affiliate in a management or executive capacity.

No labor certification is required.

It is necessary to show that the company is active and conducting substantial business and that the executive or manager is needed by the company.

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New York Immigration Lawyers > Immigration Publications > May 2008