David Wright Immigration Law

Performers

Aliens with extraordinary ability

Green cards are available to individuals with extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation. You must be one of that small percentage who have risen to the very top of your field to be granted this classification. For example, if you receive a major internationally recognized award, such as a Nobel Prize, you will qualify for an EB-1 classification. Other awards may also qualify you if you can document that the award is in the same class as a Nobel Prize. Since few workers receive this type of award, alternative evidence of EB-1 classification, based on at least three of the criteria outlined below, is permitted. The worker may submit comparable evidence if the following criteria do not apply.

  • Receipt of lesser nationally or internationally recognized prizes or awards for excellence.
  • Membership in associations in the field which demand outstanding achievement of their members.
  • Published material about the alien in professional or major trade publications or other major media.
  • Evidence that the alien has judged the work of others, either individually or on a panel.
  • Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field.
  • Evidence of the alien's authorship of scholarly articles in professional or major trade publications or other major media.
  • Evidence that the alien's work has been displayed at artistic exhibitions or showcases.
  • Performance of a leading or critical role in distinguished organizations.
  • Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field.
  • Evidence of commercial success in the performing arts.

Aliens with exceptional ability

This category is for individuals who, because of their exceptional ability in the sciences, arts, or business, will substantially benefit the national economy, cultural, or educational interests or welfare of the United States.

In order to be classified as having exceptional ability in the sciences, arts, or business, the individual must provide documentation of three of the following:

  • An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university or other institution relating to the area of exceptional ability.
  • Letters documenting at least ten years of full-time experience in the occupation sought.
  • A license to practice the profession or certification for a particular profession or occupation.
  • Evidence that the alien has commanded a salary or other remuneration for services that demonstrates exceptional ability.
  • Membership in professional associations.
  • Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.