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Immigration Petition through Exceptional Ability

INS regulations, at 8 C.F.R. section 204.5(k)(3), require that to show that you are a person of exceptional ability in the sciences, arts, or business, your employer must submit a petition to the appropriate INS Service Center having jurisdiction over the location where you are employed.

The petition must be accompanied by at least three of the following items:

  • An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
  • Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being 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, which demonstrates exceptional ability;
  • Evidence of membership in professional associations; or
  • Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.

 
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