Currently, because of a backlog taking years (that’s plural) to process, many talented foreigners cannot become legal permanent residents. One of the few categories still available is for those persons who are members of the professions holding advanced degrees OR immigrants of exceptional ability in the sciences, arts, or business.

Advanced degree means that the foreigner has a degree beyond the equivalent of a bachelor’s degree. The work to be conducted must also require that level of expertise.

While someone with exceptional ability may be expected to have a job offer and the Citizenship and Immigration Service will give greater scrutiny without one, this category does not require an employer’s job offer. Thus, one option for a limited number of foreign nationals is self-sponsorship. The regulations explicitly allow self-sponsorship and waive the labor certification requirement. A self-petitioning individual must submit proof of the ability to continue to work in her area of expertise in the United States. Such proof must come in the form of "letter(s) from prospective employer(s), evidence of prearranged commitments such as contracts, or a statement from the beneficiary detailing plans on how he or she intends to continue his or her work in the United States."

Of course, the foreigner must also present evidence of the exceptional ability. This includes meeting three of the following six criteria: (A) a degree, diploma, certificate, or similar award relating to the area of exceptional ability; (B) at least ten years of full-time experience in the occupation; (C) a license to practice the profession; (D) a past salary which demonstrates exceptional ability; (E) membership in professional associations; or (F) recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.