Immigration is an infamous hot button topic. But what if you’re at the top of your game and want to come to the US? Try the Extraordinary Ability Visa.
Three types of documents immigrants need to work in the US: 1) green card; or 2) work authorization document; or 3) an employment visa.
An immigrant who wants to work in the US can try to get the “Extraordinary Ability” visa. What in the heck does that mean? In certain selected fields, persons with extraordinary ability can get what is called, “The First Preference EB-1 Visa.”
So how do they know an immigrant has an Extraordinary Ability? Does someone contact Professor X? No. That’s a comic book. In real life, the immigrant has to show Extraordinary Ability. Usually this is in the form of credentials, references, experience, etc. and by publishing scholarly articles, or trade or professional articles. It’s not easy but it’s not as hard as it seems. Another down and dirty strategy to publishing scholarly articles is coming soon.
The immigrant must show extraordinary ability in the sciences, arts, education, business, or athletics. This must not be a one-hit wonder situation. The national or international acclaim must be sustained. No flash in the pan stuff. The immigrant’s achievements must have extensive documentation.
Key Advantage: You don’t need an offer of employment for an EB-1.
So you can either win a Nobel Prize or an Olympic Medal. If you can’t do that, then you must meet 3 of 10 criteria below:
-Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
-Evidence of your membership in associations in the field which demand outstanding achievement of their members
-Evidence of published material about you in a professional or major trade publications or other major media
-Evidence that you have been asked to judge the work of others, either individually or on a panel
-Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
-Evidence of your authorship of scholarly articles in a professional or major trade publications or other major media
-Evidence that your work has been displayed at artistic exhibitions or showcases
-Evidence of your performance of a leading or critical role in distinguished organizations
-Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
-Evidence of your commercial successes in the performing arts
So do you have Extraordinary abilities? What’s the process to get the visa?
Look for USCIS (United States Customs And Immigration) Form I-140 and paying the right fee. Then you include the documents supporting the Extraordinary Ability. USCIS then checks to see the right evidence is there. After that, the Government does a serious and careful analysis if Extraordinary Ability has been proven.
How long does it take? Oh, about two months for the petition process (that’s what it’s called when you apply) and then about two weeks to two months for USCIS to review. I know it sounds like a long time, but it’s actually one of the fastest employment visas to apply for.
For more information.
This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.