Persons of Exceptional Ability

The statutory provision for a Person of Exceptional Ability immigrant classification requires that the person will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States because of his or her exceptional ability in the sciences, arts, or business. The person must also have a job offer from a U.S. employer to provide services in the sciences, arts, professions, or business. The regulation at 8 CFR 204.5(k)(2) defines exceptional ability in the sciences, arts, or business as having a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.