Aliens of extraordinary ability in the sciences, arts, education, business, or athletics

Initial Evidence:
Evidence that the alien has sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise. Such evidence shall include evidence of a one-time achievement (that is, a major, international recognized award), or at least three of the following:

(i) Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;

(ii) Documentation of the alien'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;

(iii) Published material about the alien in professional or major trade publications or other major media, relating to the alien's work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation;

(iv) Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought;

(v) Evidence of the alien's original scientific, scholarly, artistic, athletic, or business related contributions of major significance in the field;

(vi) Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media;

(vii) Evidence of the display of the alien's work in the field of artistic exhibitions or showcases;

(viii) Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;

(ix) Evidence that the alien has commanded a high salary or other significantly high remuneration for service, in relation to others in the field; or

(x) Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales

If the above standards do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence to establish the beneficiary's eligibility.

No offer of employment is required nor a labor certification is required for this classification, however, clear evidence must be submitted that the alien is coming to the United States to continue work in the area of expertise. This evidence could include letters from prospective employers, evidence of prearranged commitments such as contracts or a statement from the beneficiary detailing plans on how s/he intends to continue his/her work in the United States.

Outstanding Professor or Researcher

Initial Evidence
Evidence that the professor or researcher is recognized internationally as outstanding in the academic field specified in the petition. Such evidence shall consist of at least two of the following:

(A) Documentation of the alien's receipt of major prizes or awards for outstanding achievement in the academic field;

(B) Documentation of the alien's membership in associations in the academic field which require outstanding achievements of their members;

(C) Published material in professional publications written by others about the alien's work in the academic field. Such material shall include the title, date, and author of the material, and any necessary translation;

(D) Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied academic field;

(E) Evidence of the alien's original scientific or scholarly research to the academic field;

(F) Evidence of the alien's authorship of scholarly books or articles (in scholarly journals with international circulation) in academic field;

Additionally, applicants for the Outstanding Researcher and Professor category must also provide evidence that s/he has at least three years of experience in teaching and/or research in the academic field. Experience in teaching or research while working on an advanced degree will only be acceptable if the alien has acquired the degree, and if the teaching duties were such that he or she had full responsibility for the class taught or if the research conducted toward the degree has been recognized within the academic field as outstanding. Evidence of teaching and/or research experience shall be in the form of letter(s) from current or former employer(s) and shall include the name, address, and title of the writer, and a specific description of the duties performed by the alien; and

An offer of employment form a prospective U.S. employer. A labor certification is not required for this classification. The offer of employment shall be in the form of a letter from:

A U.S. university or institution of higher learning offering the alien a tenured or tenure track teaching position, or a permanent research position in the alien's academic field; or a department, division, or institute of a private employer offering the alien a permanent research position in the alien's academic field, which must demonstrate that it employs at least three persons full-time in research positions, and that it has achieved documented accomplishments in an academic field.

Multinational executives and managers
Multinational executives and managers work for a qualifying entity, or its affiliate, or subsidiary, which conducts business in two or more countries, one of which is in the United States.

A multinational executive is someone who:

• directs the management of the organization or a major component or function of the organization;
• establishes the goals and policies;
• exercises wide latitude in making discretionary decisions;
• and receives only general supervision or direction from higher level executuves, the board of directors, or stockholders

A manager is someone who:

• Manages the organization, or a department, subdivision, function, or component of the organization;
• Supervises and controls the work of other supervisory, professional, or managerial employees or manages an essential function within the organization, or a department or subdivision of the organization;
• Exercises typical managerial functions like hiring, firing, or recommending those as well as other personnel actions; and
• Exercises day to day operations of the activity or function for which s/he has authority.

Criteria
The criteria for a petition to be filed on behalf of a multinational executive or manager has several components. One component relates to the relationship between the employee and the corporation. The employer must make an official statement as part of the application that:

• If the alien is outside the U.S. in the three years immediately before filing the petition, the alien was employed for at least one year in a managerial or executive capacity either by that corporation, or by one of its affiliates or subsidiaries.
• If the alien is already in the U.S. working for the same employer (or an affiliate or subsidiary), that he or she worked for that company abroad for at least one year as a manager or executive abroad in the three years prior to the filing of the petition;
• That the prospective employer in the United States is the same employer or a subsidiary or affiliate of the firm or corporation or other legal entity by which the alien was employed overseas; and
• The prospective U.S. employer has been doing business for at least one year.

The employer must also demonstrate that the employee is truly a manager or executive meaning that he or she manages other professionals, that s/he is meeting a reasonable need of the organization, and that there is an offer of employment to the alien as a manager or executive.

Because this category requires gathering materials from sources both within and outside the United States it is important that the documents needed are identified in clear detail from the outset. This makes the process easier, reduces tensions, and helps to insure a successful outcome. Thomas Bassett and Associates are experts in the international marketplace. We understand the cultural differences which sometimes make it difficult to obtain the needed supporting documents needed in order to prepare a solid application. Our personal touch, as well as access to competent professional translators in more than 35 languages makes this process easy for all parties involved. Let us put our expertise to work for you so that your executives and manager can concentrate on their work for you while we concentrate on preparing a well documented application for permanent residency. 

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