- Any person (including the alien him/herself) may file an I-140 Petition on behalf of an alien who has extraordinary ability in the sciences, arts, education, business, or athletics. This category is reserved for a very small percentage of individuals who have risen to the top of their field of endeavor. Their abilities must have been demonstrated by sustained national or international acclaim in their field, and they must be coming to the U.S. to work in their field of recognized acclaim, although no job offer or labor certification is required at the time of filing the I-140 petition. Documentary evidence that must be filed in support of the petition must include either evidence of a one-time, major, internationally recognized award such as a Nobel Peace Prize, or Academy Award, or at least three of the following:
- Documentation that the alien has received lesser nationally or internationally recognized prizes or awards for excellence in his/her field of endeavor.
- Evidence of the alien's membership in associations in the field for which the classification is sought which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines of fields.
- Published material about the alien in professional or major trade publications or other major media relating to the aliens work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation;
- Evidence of the alien's participation, either individually or on a panel, as a judge of the work of other in the same or an allied filed for which classification is sought;
- Evidence of the alien's original scientific, scholarly, artistic, athletic, or business- related contributions of major significance in the field;
- Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media;
- Evidence of the display of the alien's work in the field at artistic exhibition or showcases;
- Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
- Evidence that the alien has commanded a high salary or other significantly high remuneration for services in relation to others in the field; or
- Evidence of commercial successes in the performing arts, as shown by box office receipts, or record, cassette, compact disk, or video sales
- If the above standards do not readily apply to the alien's occupation, the petitioner may submit comparable evidence to establish the alien's eligibility for permanent residence.
- An I-140 petition may be filed by certain U.S. employers
who intend to employ an alien professor or researcher who is
outstanding in an academic field. The employer must be (1)
a U.S. university or institution of higher learning offering
the alien a tenured or tenured-tack teaching position in the
alien's academic field; or (2) a U.S. university or institute
of higher learning offering the alien a permanent research
position in the alien's academic field; or (3) a department,
division, or institute of a private employer offering the alien
a permanent research position in the alien's academic field.
The department, division, or institute must demonstrate that is employs at least three persons full-time in research positions, and that it has achieved documented accomplishments in an academic field. As stated above, the job offer must be permanent in nature, which means that is must be either tenured, tenured-track, or for an indefinite or unlimited duration in which the employee would ordinarily have an expectation of continued employment, unless there was good cause for the termination of his employment.
Although a job offer is required in this category, obtaining an approved Labor Certification application is not required. The job offer is simply submitted in the form of a letter from the U.S. employer, and must include the name, title, and address of the writer, and a specific description of the job duties.
The evidence that must be submitted with the I-140 petition must clearly document that the professor or researcher is recognized internationally as outstanding in his/her academic field. The evidence must consist of at least two of the following:
- Documentation of the alien's receipt of major prizes or awards for outstanding achievement in the academic field;
- Documentation of the alien's membership in association in the academic field which require outstanding achievements of their members;
- Published material in professional publications written by others about the alien's work in the academic field; (The material must include the title, date, and author of the material, and must be accompanied by an English translation if it is written in foreign language.)
- Evidence of the alien's participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field;
- Evidence of the alien's original scientific or scholarly research contributions to the academic field; or
- Evidence that the alien has written scholarly books or articles in scholarly journals with international circulation in his/her academic field.
- The professor or researcher must have at least three years experience in teaching and/or research in the academic field. Experience grained while working on an advanced degree is acceptable only if the alien was granted the degree. If his/her experience was in teaching, then he/she must have had full responsibility of the class(s) taught. If his/her experience was in research, then the research must have been recognized as outstanding academic field. The evidence of the alien's experience must be in the form of a letter or letters from the alien's current or former employer(s), and must include the name, address, and title of the author, and a detailed description of the duties performed by the alien.
- A U.S. employer, which is a multinational business, or the
U.S. subsidiary or affiliate of a multinational business may
file I-140 Petitions on behalf of alien employees who qualify
under INS definitions as executives or managers as set forth
A "multinational business" is one which conducts business in two or more countries, one of which is the U.S. The U.S. employer must have been doing business for a least one year.
If the alien is outside the U.S., he/she must have been employed outside the U.S. for at least one year in the past three years in a managerial or executive capacity by a firm or corporation or other legal entity, or by its affiliate or subsidiary. If the alien is already in the U.S. working for the same employer, or a subsidiary, or affiliate of the firm or corporation or other legal entity by which the alien was employed abroad, he/she must have been employed by the entity abroad in a managerial or executive capacity for at least one year in the three years preceding his/her entry as a nonimmigrant.
No Labor Certification is required, however the U.S. employer must furnish a job offer letter which indicates that the alien will be employed in an executive or managerial capacity, and clearly describes the duties to be performed by the alien.
To qualify as an executive, the alien must primarily direct the management of the organization, or a major component of function of the organization. He/she will establish the goals and policies of the organization, component, or function, exercising wide latitude in discretionary decision-making, while receiving only general supervision from higher level executives, the board of directors, or stockholders of the organization.
A "manager" manages the organization, or department, subdivision, function, or component of the organization. The management of employees is not essential to qualify for classification in this category. The alien may supervise and control the work of other supervisory, professional, or managerial employees, or mange as essential function within the organization, or a department or subdivision of the organization. If he/she directly supervises other employees, the alien must have the authority to hire and fire, or to recommend other personnel actions such as promotions, or leave authorization. If the alien dies not directly supervise other employees, then he/she must perform at a senior level within the organization, or with respect to the function managed, exercising direction over the day-to-day operations of his/her assigned activities. Afirst line supervisor cannot be considered a manager unless the employees he/she supervises are professionals.
The only evidence initially required to be submitted with the petition is a financial statement and letter from an authorized official of the U.S. employer which demonstrates that the U.S. employer has been doing business for a least one year. The U.S. employer must be the same employer, or a subsidiary, or affiliate of the firm, or corporation by which the alien was employed overseas in a managerial or executive capacity for at least one year in the previous three years immediately preceding the filing of the petition.