One would expect the standard for "extraordinary ability" to be higher than the standard for "exceptional ability". However, as a practical matter the first preference "extraordinary ability" standard is often easier to use than the second preference "exceptional ability" standard when a Schedule A, Group II application is involved.
The first preference standard can be satisfied by providing three of the ten listed criteria. It also permits evidence demonstrating either national or international acclaim. In contrast, Schedule A, Group II requires evidence of the alien's widespread acclaim and international recognition from recognized experts in the field, evidence that the aliens previous and future work requires an alien of such acclaim or recognition and a further demonstration of exceptional ability through the submission of two of the seven listed criteria.
The first preference also avoids both job offer and labor certification requirements. Even where a Schedule A, Group II application is approved, an exceptional ability alien in the second preference will still require a job offer.
While a second preference petition coupled with a national interest waiver application probably employs a lower level of recognition and ability than a first preference extraordinary ability petition, the specific criteria described in Mississippi Phosphate does not readily apply to artists and entertainers. For this reason, seeking a national interest waiver for such an alien may be even more difficult than seeking an approved petition in the first preference.
The first preference standard can be satisfied by providing three of the ten listed criteria. It also permits evidence demonstrating either national or international acclaim. In contrast, Schedule A, Group II requires evidence of the alien's widespread acclaim and international recognition from recognized experts in the field, evidence that the aliens previous and future work requires an alien of such acclaim or recognition and a further demonstration of exceptional ability through the submission of two of the seven listed criteria.
The first preference also avoids both job offer and labor certification requirements. Even where a Schedule A, Group II application is approved, an exceptional ability alien in the second preference will still require a job offer.
While a second preference petition coupled with a national interest waiver application probably employs a lower level of recognition and ability than a first preference extraordinary ability petition, the specific criteria described in Mississippi Phosphate does not readily apply to artists and entertainers. For this reason, seeking a national interest waiver for such an alien may be even more difficult than seeking an approved petition in the first preference.
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