GENERAL REQUIREMENTS

An alien can self-petition, or any United States employer may file an immigrant petition for a alien who is a member of the professions holding an advanced degree. To show that the person is a professional holding an advanced degree, the alien or an employer must provide:

An official academic record showing that the alien has a United States advanced degree or a foreign equivalent degree; or

An official academic record showing that the person has a United States baccalaureate degree or a foreign equivalent degree, and evidence that the alien has at least five (5) years of progressive post-baccalaureate experience in their specialty.

The alien or employer must show that the job requires a professional holding an advance degree. However, the alien may be exempt from a job offer, and thus a labor certification if the alien or employer can demonstrate that an exemption would be in the United States' national interest.

EXCEPTIONAL ABILITY PETITION

An alien of exceptional ability in the sciences, arts or business may file an immigrant petition.

Exceptional ability in the sciences, arts or business can be established by providing at least three of the following:

An official academic record showing that the person 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;

At least ten years of full-time experience in the person's area of exceptional ability;

A license to practice the profession or certification for a particular profession or occupation;

Evidence that the person 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.

The alien may be exempt from a job offer, and thus a labor certification if the alien can demonstrate that an exemption would be in the United States' national interest.