Advanced Degree Professionals and Workers of Exceptional Ability

A U.S. employer may file a petition for a foreign national when the job requires an advanced degree and the foreign national possesses such a degree. An advanced degree is any degree beyond the baccalaureate. Professions include any occupation for which a baccalaureate degree or foreign degree equivalent is the minimum requirement for entry.

The use of the word “exceptional” in various contexts in the immigration laws has caused confusion. To show eligibility as a worker of exceptional ability in the sciences, arts or business, the individual must have a degree of expertise significantly above the ordinary. This is established by satisfying at least three of the following six criteria:

• an official academic record showing a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the field of learning; at least ten years of fulltime experience in the occupation documented by letters from current or past employers;

• a license to practice the profession or certification for particular profession or occupation; evidence that the foreign national has commanded a salary or other remuneration for services that demonstrate exceptional ability;

• membership in professional associations; (there is no requirement that the professional associations require outstanding achievement for admission);

• recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.

Other comparable evidence is also acceptable.

National Interest Waiver
Those who seek to be classified advanced degree professionals and workers of exceptional ability may seek an exemption from the requirement of a job offer (and the labor certification process) by proving that their admission is in the national interest. The “national interest” test requires a showing of the following:

• Improving the economy;

• Improving wages and working conditions of United States workers;

• Improving education and training programs for United States children and under qualified workers;

• Improving health care;

• Providing more affordable housing for young and/or older, poorer U.S. citizens; Improving the U.S. environment and making more productive use of U.S. resources; or

• A request from an interested United States governmental agency.

This list is not exhaustive. The national interest waiver has applied to a variety of fields and positions.

Read Next: Professionals and Skilled Workers

Related Links

• Immigrant Visas - Introduction

• Priority Workers

• Advanced Degree Professionals and Workers of Exceptional Ability

• Immigrant Investors

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