Members of the professions holding advanced degrees or aliens of exceptional ability
Individuals who seek immigration under this category must hold a professional degree higher than a bachelor's. They may self petition and do not need to submit a formal job offer, and may also be exempt from the Labor Certification requirement if they can show that they are an alien of exceptional ability in the sciences, arts, or business. This "exceptional ability" must be documented by showing that the alien has a degree of expertise significantly above that usually found in the sciences, arts, or business.

The formal degree requirement may be substituted by a U.S. Baccalaureate degree or a foreign equivalent followed by at least five years of progressive experience in the persons area of expertise. Experience may not, however, be substituted for a position requiring the minimum of a doctoral degree.

In order to document that the alien is a professional (where ordinarily a bachelors is required for entry into the profession) holding an advanced degree, the following must be submitted:

1. An official academic record showing that the alien has a United States advanced degree or a foreign equivalent degree;
2. An official academic record showing that the alien has a U.S. baccalaureate degree (or foreign equivalent degree) and letters from current or past employers showing that the alien has at least five years of progressive post-baccalaureate experience in his or her specialty.

National Interest Waiver
Individuals who are able to show that they are aliens of exceptional ability in the sciences, arts, or business may be exempt form the job offer requirement and thus of a labor certification, if granting an exemption would be in the national interest. In order to document that the individual is an alien of exceptional ability in the sciences, arts, or business, the petition at least three of the following must be submitted:

1. An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
2. Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full time experience in the occupation for which he or she is being sought;
3. A license to practice the profession or certification for a particular profession or occupation;
4. Evidence that the alien has commanded a salary or other remuneration for services, which demonstrates exceptional ability;
5. Evidence of membership in professional associations; or
6. Evidence of recognition for achievements and significant contributions to the industry or field by peers, government entities, or professional or business organizations.

The INS also allows alternate evidence to be submitted. It is important to understand that a strategy for success should be developed in order to present a well organized, well documented, and approvable application.

Although this list may sound definitive, it has been clarified by decisions from the Board of Immigration Appeals, case law, and other forums. The INS in August of 1998 ruled that an alien seeking immigrant classification as an alien of exceptional ability or as a member of the professions holding an advanced degree cannot meet the threshold for a national interest waiver of the job offer requirement simply by establishing a certain level of training or education which could be articulated on an application for a labor certification. The INS also said that general arguments regarding the importance of a given field of endeavor, or the urgency of an issue facing the United States, cannot by themselves establish that an individual alien benefits the national interest by virtue of engaging in the field or seeking an as yet undiscovered solution to the problematic issue. The INS has indicated that national interest waivers will be granted only where the merits of the individual as they relate to the job to be performed have been established.

Thus, as you can see, it is important to understand that how this information is developed, prepared, and presented can mean the difference between success or failure. Thomas Bassett and Associates works closely with clients to develop a well documented application, and has an outstanding success rate in permanent residency applications. If you would like Bassett and Associates to assist you with your application for permanent residency, please click here or call us at: 248/827-4110.

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