Under INS regulations, 8 C.F.R. ยง 204.5(k)(3)(ii), in order to establish that the alien has exceptional ability in the sciences, arts, or business, the petitioner must present at least 3 of the following:
(1)An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
(2)Evidence in the form of letters from current or former employers showing that the alien has at least ten years of full time experience in the occupation for which he or she is being sought;
(3)A License to practice the profession or certification for a particular profession or occupation;
(4)Evidence that the alien has commanded a salary, or other renumaration for services, which demonstrates exceptional ability;
(5)Evidence of membership in a professional association; or
(6)Evidence of recognition for achievements and significant contribution to the industry or the field by peers, government entities, or professional or business organizations.
Asylum may be granted to people who are arriving in or already physically present in the United States. To apply for asylum in the United States, you may ask for asylum at a port-of-entry (airport, seaport, or border crossing), or file
Form I-589, Application for Asylum and for Withholding of Removal, at the appropriate Service Center within one year of your arrival in the United States. You may apply for asylum regardless of your immigration status, whether you are in the United States legally or illegally.
