Extraordinary Aliens
Extraordinary Aliens are defined as those who have risen to the top rank in their fields in the sciences, arts, education, business or athletics, and whose achievement is recognized and acknowledged. This small group does not need to demonstrate employment in the United States, but does need to fullfillment of evidentiary categories proving "extraordinary" achievement.

Outstanding Professors or Researchers
This is similar to the Extraordinary Aliens category, imposing a slightly lower evidentiary standard; however, an employer, (usually a laboratory or university) must petition on behalf of the foreign national.

Multinational executives and managers
A foreign national is eligible to apply as a multinational manager or executive if he or she has been employed outside the U.S for at least one year (in the preceding three years) by the same firm or corporation (or an affiliate or subsidiary of same) for which he or she will work in the U.S. The prospective employment must be in a managerial or executive capacity and the petitioner must be a U.S. employer doing business for at least one year.

Professionals, Skilled workers, and other workers
Almost any employer or employee may apply in this category, when an insufficient labor pool for specific jobs or skills in the United States has been verified. Professionals are those who have advanced degrees or exceptional abilities. Skilled workers are considered as those without a Bachelor's degree and who have at least two years of experience in a chosen field. There are several sub-categories in this group and a preferential ranking structure.

National Interest Waivers
This category does not require a job offer, and the individual may petition for him/herself as in the Extraordinary Alien category without the extremely difficult criteria of the Extraordinary Alien. The requirement of having an employer behind an application may be waived (thus eliminating the requirement of the Labor Certification process discussed below) if it is shown that the alien's services are in the national interest. The fields of national interest cited in the statute are: sciences, arts, professions, or business. The alien submitting such an application will have to demonstrate at the very least that he/she is critically and significantly benefiting the welfare of this country. This is an elastic procedure with applicability throughout the fields referenced above.

Schedule A/Group II Aliens with Exceptional Ability
Schedule A is a listing by the Department of Labor of occupations deemed in short supply so that individual labor certifications are not required. Schedule A cases, though subject to Labor Certification requirements, are filed directly with Citizenship and Immigration Services.

Information on this web site, while accurate to our best knowledge, does not itself constitute legal advice.

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