Page:United States Statutes at Large Volume 104 Part 6.djvu/598

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104 STAT. 4988 PUBLIC LAW 101-649—NOV. 29, 1990 recognized in the field through extensive documentation, "(ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and "(iii) the alien's entry into the United States will substantially benefit prospectively the United States. " (B) OUTSTANDING PROFESSORS AND RESEARCHERS. —An alien is described in this subparagraph if— "(i) the alien is recognized internationaly as outstanding in a specific academic area, "(ii) the alien has at least 3 years of experience in teaching or research in the academic area, and "(iii) the alien seeks to enter the United States— "(I) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area, "(II) for a comparable position with a university or institution of higher education to conduct research in the area, or "(III) for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field. "(C) CERTAIN MULTINATIONAL EXECUTIVES AND MAN- AGERS. —An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien's application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and who seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or afiRliate thereof in a capacity that is managerial or executive. "(2) ALIENS WHO ARE MEMBERS OF THE PROFESSIONS HOLDING ADVANCED DEGREES OR ALIENS OF EXCEPTIONAL ABILITY. — "(A) IN GENERAL.—Visas shall be made available, in a number not to exceed 40,000, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or education^ interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States. "(B) WAIVER OF JOB OFFER.—The Attorney CJeneral may, when he deems it to be in the national interest, waive the requirement of subparagraph (A) that an alien'services in the sciences, arts, or business be sought by an employer in the United States. "(C) DETERMINATION OF EXCEPTIONAL ABILITY. — In determining under subparagraph (A) whether an immigrant has exceptional ability, the possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to prac-