There are three primary sub groups in this category:
- Persons with “extraordinary ability”
- Outstanding professors and researchers
- Multinational managers or executives
The advantage of these sub categories is that the beneficiary is not required to file a labor certification (Form ETA 9089) with the U.S. Department of Labor (DOL) before filing an I-140 (Immigrant Petition for Alien Worker) with USCIS.
- Persons with extraordinary ability in the sciences, arts, education, business, or athletics. There is no requirement of a job offer or labor certification, and the applicant can directly file Form I-140 with USCIS. The regulations require applicants in this category to prove sustained national or international acclaim and recognition in their fields of expertise, which can be a challenging task in light of the extensive documentation required to prove “sustained national or international acclaim.”
- Outstanding professors and researchers with at least three years experience in teaching or research, who are recognized internationally. Such candidates must have an offer of employment, as documented by a letter from the sponsoring employer. Furthermore, a candidate must meet the following standards to qualify:
- Must be recognized as outstanding in a specific academic area;
- Must have at least three years of experience in teaching or research in the academic area; and
- Seeks entry for one of the following positions:
- A tenure or tenure-track teaching position;
- A comparable position at university or institute of higher education to conduct research, or
- A comparable position to conduct research with a private employer if it employs at least three persons in full-time research activities and the departmental, division or institution has achieved accomplishments in an academic field, as proven by documentation.
- Multinational managers or executives are those who have been employed for at least one of the three preceding years by an overseas affiliate, parent, subsidiary, or branch of the U.S. employer. Furthermore, the applicant must have worked outside the United States in a managerial or executive capacity, and must also be coming to the US to perform his services in a similar capacity. The prospective employer of the beneficiary must show a job offer and file Form I-140 with USCIS. The U.S. employer must be able to demonstrate “ability to pay,” usually by providing copies of the most recent tax returns, the applicant at the time the green card petition is filed and at the time of approval of the petition.