Do You Qualify For The Extraordinary Ability Visa?

By E. Audrey Glover-Dichter
Attorney at Law
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I would like to introduce you to a type of immigrant visa that is seldom used by immigration attorneys but that deserves much more attention.  The immigrant visa is for “Extraordinary Abilities” in the field of endeavor, which can be used by immigrants who have reached the very top of their field(s) of endeavors, such as business, arts, science, sports, etc.  A positive point of the Extraordinary Ability visa is that, unlike most other visas, a petitioner can self petition.  The law requires that the petitioner meet at least three out of 10 criteria, but, of course, the more criteria that are met the better for the petitioner.  The criteria provided in the regulations include publications by the immigrant, publications about the immigrant, recognition of having achieved the top of his/her field by colleagues and/or prizes.  The reason that this immigrant visa is not often used is because the legal standards are high, but they are not impossible.  These types of cases are a labor of love and are labor intensive as well.  The benefits, however, are well worth the time and effort of doing such cases.  The end result, if approved, is legal permanent residency without conditions. (more…)