|Permanent Residence for
Aliens of Extraordinary Abiltiy
Aliens of Extraordinary Ability occupy a special place in US Immigration Law. Unlimited
immigrant visas are reserved for them, and they can avoid the cumbersome and
time-consuming process known as Labor Certification is not necessary to be
awarded this type of permanent residents.
According to the Immigration and Nationality Act, Aliens of Extraordinary Ability -
defined as: "a level of expertise indicating that the individual is one of that small
percentage who have risen to the very top of the field of endeavor" - have no quotas,
no wait times, do not require an offer of employment in the United States to obtain a
visa, and can avoid filing for PERM, the new automated service that should have
streamlined the Labor Certification Process but that instead has rendered it in some
way more obscure.
Correctly classifying the alien as Alien of Extraordinary Ability can therefore have
considerable advantages. Problems however often arise in the interpretation of the
meaning of "extraordinary ability". Clients call the Law Offices Giuseppe Scagliarini as
their immigration lawyer, thinking that as long as they can produce any evidence to
meet three of the ten criteria spelled out in the Code of Federal Regulations, they are
assured issuance of a green card in this category ("known as EB-1 or EB-1-A).
Alas, it is not so easy.
EB-1 visas are reserved for the very cream of the crop in their respective fields of
endeavor. Immigration examiners do not simply "count papers" to see if the
requirements are mechanically met, but they also want to see hard evidence that the
success, notoriety, level of ability and other achievements of the alien are truly
extraordinary compared to others in the same field. It is not so much a quantitative
judgment as much as a qualitative one.
Immigration attorney Giuseppe Scagliarini has experience in representing clients in
connection with filings for permanent residence as aliens of extraordinary ability and
invites clients or potential clients to request a consultation to see if they could
Many times, however, it is important that a realistic judgment be made at the outset as
to whether the application has any realistic chances to be approved. This is not to say
that it is not worth considering this option in the context of a comprehensive
immigration strategy to obtain a US immigrant visa. But, many clients have a simplistic
approach and believe that the simple receipt of any awards, any publications of their
work or any degree of commercial success will be sufficient to obtained a visa as
aliens of extraordinary ability.
This is simply not so.
Moreover, the burden is on the petitioner to explain how each piece of evidence tends
to establish extraordinary ability, and which specific prong of the regulations it
Normally, aliens of extraordinary ability tend to fall into a high-achievers, energetic,
extremely busy group and it may be hard for them to slow down enough to grasp and
deal with the apparently incomprehensible rationale behind all the bureaucratic rules
For all petitioners who intend to explore this immigration option, attorney Giuseppe
Scagliarini highly recommends a consultation which can be conducted either in
person, on the phone or via Skype conference to examine the multiple complexities
Law Offices of Giuseppe Scagliarini
|Giuseppe Scagliarini, Esq.
37 Harrison Avenue
Newport, RI 02840