Global Services

Extraordinary ability refers to a high level of expertise indicating that an individual is among the very top in their field. To qualify, the employee must demonstrate sustained national or international acclaim—meaning recognition on more than one occasion—and prove that their achievements are acknowledged within their area of expertise.

Criteria for Proving Extraordinary Ability

The criteria for proving extraordinary ability are similar to those used for Outstanding Researchers and comparable to the requirements for EB-2 Exceptional Ability.

Self-Filing the I-140 Petition

Individuals with extraordinary ability may choose to self-file their I-140 petitions. Those who opt to self-file must prepare their petitions independently or with the assistance of an external attorney.

Employment Offer Requirements

The petition for extraordinary ability does not require an employment offer in the United States. However, it must be accompanied by clear evidence showing that the individual will continue to work in their field of expertise upon arrival in the U.S. Acceptable evidence includes:

• A letter from a U.S. organization offering employment
• Proof of prearranged commitments such as contracts
• A detailed explanation from the individual on how they plan to continue working in their specialty in the U.S.

Fermilab will assist with providing the necessary employer letter. For further assistance or information, please contact Fermilab’s immigration office.

Extraordinary ability proof of documents

Below is a list of the types of documents or information that can show “Extraordinary Ability.” These items sometimes can be the difficult to obtain. Your attorney may have further suggestions.

• Provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal).

Otherwise, you must meet at least 3 out of the 10 listed criteria below to prove extraordinary ability in your field:

• Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
• Evidence of your membership in associations in the field which demand outstanding achievement of their members
• Evidence of published material about you in professional or major trade publications or other major media
• Evidence that you have been asked to judge the work of others, either individually or on a panel
• Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
• Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
• Evidence that your work has been displayed at artistic exhibitions or showcases
• Evidence of your performance of a leading or critical role in distinguished organizations
• Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
• Evidence of your commercial successes in the performing arts

You also will need letters confirming that you are known to be “extraordinary” in your field in the U.S. or internationally. Please do not begin collecting your reference letters until you’ve discussed the case with your attorney. Sometimes the reference letters must include specific details, language, and dates.