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A. PERSONS OF EXTRAORDINARY ABILITY governed by the INA §203(b)(1)(A), 8 U.S.C. §1153(b)(1)(A).

1. Alien with extraordinary ability in sciences, arts, education, business or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation; and

2. Alien seeks entry to continue work in the area of extraordinary ability; and

3. Entry will substantially benefit prospectively the U.S. Often, the substantial benefit criterion is met through the other two criteria, but there may be rare instances where the person's admission may be damaging or detrimental to U.S. interests. Id.

4. No Employer Needed-INA §204(a)(1)(E), 8 U.S.C. §1154(a)(1)(E); 8 C.F.R. §204.5(h)(1). Although the applicant must intend to pursue work in the U.S. in the area of expertise, 8 C.F.R. §204.5(h)(5), no specific offer of employment is required. An approved petition filed by a prospective employer remains valid even if the beneficiary does not work for the employer, as long as the beneficiary demonstrates plans to continue his or her work in the area of expertise.

5. Legislative history states that this category is intended "for the small percentage of individuals who have risen to the very top of their field of endeavor." H.R. Rep. No. 101-723 (I), 101st Cong., 2d Sess. 59 (1990).

B. OUTSTANDING PROFESSORS AND RESEARCHERS, Recognized internationally as outstanding in a specific academic area AND Has 3 years experience in teaching or research in the academic area. Experience in teaching or research while working on advanced degree may be counted if degree is acquired, person had full responsibility for the class taught, or the research has been recognized as outstanding in the academic field.


1. Employed abroad for one year (in last 3 years) by "firm or corporation or other legal entity or an affiliate or subsidiary thereof."

Petitioner must establish: (i) it maintains a qualifying relationship (parent, affiliate, subsidiary) with the beneficiary's foreign employer; and (ii) the foreign corporation or other legal entity that employed the beneficiary must continue to exist and have a qualifying relationship with the petitioner at the time the immigrant petition is filed.

2. Seeks to enter the U.S. to continue to render services to the same employer, or subsidiary or affiliate, in a managerial or executive capacity.

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