Permanent Visas Through Employment: Individuals of Exceptional Ability

This subcategory is reserved for persons with a degree of expertise above that ordinarily encountered in the arts, sciences or business. An individual must provide evidence meeting at least three of the following six criteria:

1. Possess a degree relating to the area of exceptional ability;
2. Letter from current or former employers showing at least ten years of full-time experience in the occupation;
3. A license to practice the profession;
4. Evidence the person commands a salary demonstrating exceptional ability;
5. Membership in professional associations; or
6. Recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.

If an individual has additional types of evidence that can demonstrate exceptional ability in a field, such evidence will be considered.

A person seeking to immigrate as a Member of the Professions Holding Advanced Degrees or as an Individuals of Exceptional Ability must have a company sponsor. Self-sponsorship is not allowed. This subcategory does not require a PERM Labor Certification.

A PERM Labor Certification may be waived in two circumstances: (1) if the person can demonstrate his/her work will be in the national interest; or (2) the position is already pre-certified by the U.S. Department of Labor as a Schedule A Group I or II occupation.