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Extraordinary Ability: Narrow your field

Tuesday, January 3rd 2012

When presenting a case to USCIS that is based on the petitioner’s extraordinary ability in his or her field, it is important to make sure that the government understands the nature of the field in question.  For example, while it is certainly accurate to say that a petitioner is a highly acclaimed scientist in the field of biology, there are many esteemed biologists around the globe, and – while true – it might be hard to prove that a particular alien is among the best biologists in the world.  Because most scientists develop a specified area of research, it is important for the petitioner to make the attorney or person preparing the case understand that particular specialty.  Is the biologist an expert ornithologist? Is the biologist seeking funding for a paleobiology project focusing on the evolution of plants?  You get the idea.  It is more likely that USCIS will understand the importance of a petitioner’s field, and that the petitioner will be able to show he or she has risen to the top of the field, if the area of focus is drawn more narrowly.  At the Woog Law Office, we represented a client who was an award-winning actor and made his living in bilingual productions, a rare feat.  By calling attention to the difficulty of his specialty, as attested to by his awards and accolades of knowledgeable bilingual colleagues, the actor obtained his green card in 4 months.

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