Green Card for Persons of "Extraordinary" or "Exceptional" Ability

Persons of "extraordinary ability" in the sciences, arts, education, business, or athletics can qualify for a green card in a stream-lined fashion, without the employer first testing the labor market through a labor certification application, the standard procedure for Other Professionals. In fact, persons of extraordinary ability can get a green card by themselves without having a U.S. employer.

To qualify as extraordinary, applicants must be among the best in their fields. This ability must be demonstrated by sustained national or international acclaim; achievements must be recognized through extensive documentation. Exceptional talent alone will not do. Nor will a single success assure approval, given the need for sustained acclaim. On the other hand a Nobel Prize or Booker Prize for a single effort should be convincing evidence that the applicant is no flash-in-the-pan.

Absent a major, internationally recognized award, the applicant must produce other evidence. This evidence can include: lesser nationally or internationally recognized awards for excellence; membership in associations that require outstanding achievements of their members; published material about the person's work in professional or trade publications or other major media; participation as a judge of the work of others; original scientific or scholarly research, including authorship of scholarly articles or books; evidence of performance in a leading or critical role for organizations that have a distinguished reputation; and evidence of a high salary in relation to others in the field.

The same stream-lined process - and waiver of the requirement of a U.S. employer - is also available for persons of "exceptional" ability and for professionals with advanced degrees (master's or Ph.D.), but only if their presence in the U.S. is in the "national interest." Exceptional ability is significantly above that ordinarily encountered in the field, but it is lower than "extraordinary."

Examples of "national interest" include: improving the U.S. economy; creation of jobs in the U.S.; improving wages and working conditions of U.S. workers; improving education and training programs for U.S. children and workers; improving health care; providing more affordable housing for the needy; or improving the environment or making more productive use of natural resources. A request from an interested U.S. government agency would also be strong evidence that the person's presence in the U.S. is in the national interest.

If the applicant or employer does not fall within the criteria of these categories, other categories may still be available: "Outstanding" Researchers and Professors or Other Professionals.

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