Consider these questions to determine if you may be!
Disclaimer: These guidelines are for informational purposes only – consult an attorney for specific evaluation of your case.
- DO YOU HAVE:
- Awards in your field? (may be local, regional, national or international)
- Publications in your field?
- Reports about your work in the media?
- Substantial experience and/or recognition in the field?
- Membership in professional associations?
- Experience as an evaluator of another’s work?
- An advanced degree in the field?
- Is your work in the “national interest” of the United States:
Will your work improve, among other things, the following areas: US economy, health, education, environment, working conditions, safety, arts, and culture? Is there an interested US government agency that may have funded your work? Will that agency support your claim of extraordinary or exceptional ability?
- If you are a researcher, is your research:
- all your own work or substantially your own?
- being applied in real-world applications?
- in the “national interest?”
- Have you received a lucrative job offer or do you have a highly-paying job in your field, evidencing your employer’s keen interest in your abilities and your research?
If you answered “yes” to a significant number of the above questions, then, depending on the nature of your work and the evidence to support your ability, you may be qualified to apply for Permanent Residence in the USA as an Alien of Extraordinary or Exceptional ability.
Pros and Cons of obtaining Permanent Residency through Labor Certification vs. as an Alien of Exceptional or Extraordinary Ability
Note: both processes can be concurrent
|Criterion||Labor Certification||Exceptional Ability|
|Basic difference||involves labor certification (-)||no labor certification (+)|
|Total processing time||2 1/2 yrs to 3 yrs (-) (in Ohio)||8-12 months (+)|
|Cost||generally higher, if one is including the cost of a lengthy advertisement, either in a local newspaper (for three consecutive days, including one Sunday), or in a technical journal (one insertion) (-)||generally lower, since no lengthy advertisement is required; but – may be the same or higher than labor certification depending on documentation required for exceptional ability application.(+/-)|
|Probability of success||high success rate as long as procedure is strictly followed and there are no qualified US applicants for the position (+)||high probability of success provided the INS accepts our arguments that the alien truly is “exceptional” in his field.|
|Involvement of “outsiders”||little need to involve individuals outside the sponsoring employer (+)||need to involve entities outside of the employer; this may or may not represent problems for an employer.(+/-)|
|Public knowledge||requires advertisement and internal posting – results in high public and intra-company knowledge of the position, wage offered, etc. (-)||no public knowledge of the application – no advertisement or internal company posting required. Company deals only with the INS. (+)|
|Regulatory red-tape||Involves at least three government agencies – and as many sets of regulations and processing backlogs (-)||Usually involves only one government agency – the INS – from start to finish. (+)|