For an alien to qualify in this category he/she must have a degree of expertise significantly above the ordinary. This must be established by satisfying at least three of the below given six criteria:

  • An official academic record showing a degree, diploma, certificate or similar award from a college, university, school or other institution of learning related to the field of learning;
  • At least ten (10) years of full time experience in the occupation documented by letters from current or past employers;
  • A license to practice the profession or certification for the particular profession or occupation;
  • Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;
  • Membership in professional associations (there is no requirement that the professional associations require outstanding achievement for admission);
  • Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.

The advantages presented by this category include:

  1. The Immigration and Naturalization Laws allocate 28.6 percent of employment based visas plus any unused First Preference visas to this category.
  2. No Labor Certification required in cases of Exceptional Ability Aliens and in cases where it can be demonstrated where the aliens admission into the United States would be in the National Interest.
  3. No job offer necessary in cases where it can be demonstrated that admitting the Alien into the United States would be in the National Interest.