AWhat is Aliens of Extraordinary Ability?
EB-1 visas are the first-preference group of employment-based immigration petitions.
This kind of immigration is called “Alien of Extraordinary Ability”. Alien of Extraordinary Ability is an important policy of the U.S. government to recruit talents. So far, this project has attracted tens of thousands of talented people from all over the world. According to the Immigration & Nationality Act, aliens who meet the criteria of “outstanding talents” can apply for immigration and obtain a green card directly without employers (without applying for a PERM Labor Certification). Moreover, applicants can apply anywhere in the world.
According to Immigration & Nationality Act, EB-1 is divided into three types of applications: EB-1A Alien of Extraordinary Ability, EB-1B Researchers/Outstanding Professors and EB-1C Multinational Executive or Manager. This category shares 40,000 immigration quotas per year. According to immigration & Nationality Act, applicants from mainland China account for 7% of the annual quota. Most of the overseas Chinese are most interested in EB-1 Application.
Alien of Extraordinary Ability (EB-1A) (see Immigration & Nationality Act 203 (b) (1) (A))
Alien of Extraordinary Ability mainly refers to those outstanding professionals who have special talents in five fields of science, art, education, business, or sports, have achieved higher achievements and enjoy national or international prestige, and are widely recognized in this field. These people should be regarded as one of the “Few Outstanding Talents” in this field. According to the legal requirements, Applicants should be willing to continue their work in the United States, and their work will contribute substantially to the development of American society after they obtain the green card. No Labor Certification is Required. No permanent job offer is required. Self -Petition is Allowed
BThe requirements of Aliens of Extraordinary Ability
How to judge ” Extraordinary Ability”, Immigration & Nationality Act gives two criteria:
- The first criterion is that the petitioner only needs to prove that he or she has received more than one internationally recognized award. The criterion of Extraordinary Ability can be met by internationally recognized award without providing other evidence. Immigration & Nationality Act does not give the scope of major international awards. Based on our experience, such as Nobel Prize, Oscar Prize, Olympic Medal, Pulitzer Prize or International Major Inventions and Creations are accepted as internationally recognized awards. Few people can meet this criterion. So Immigration & Nationality Act provides a second criterion, and Alien of Extraordinary Ability who meets the second criterion can still immigrate to the United States.
- The second criterion provides another criterion, that is, the petitioner only needs to meet any three of the ten criteria stipulated in the Immigration & Nationality Act, and then can apply for EB-1A Aliens of Extraordinary Ability through the subjective judgement of the immigration officer. Attorney Gu and his team helped thousands of clients successfully immigrate to the United States. They all applied on through this criterion and successfully immigrated to the United States.
The petitioner meets any three of the ten criteria stipulated in the Immigration & Nationality Act.
1) Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellenceProfessional Attorney Analysis: Based on the experience of our team, the petitioner needs to win at least three awards to meet this criterion.
2) Evidence of your membership in associations in the field which demand outstanding achievement of their membersProfessional Attorney Analysis: Based on the experience of our team, it is very difficult for applicants to meet this criterion. Most associations that only need to pay application fees or membership fees will not be accepted by USCIS.
3) Evidence of published material about you in professional or major trade publications or other major mediaProfessional Attorney Analysis: According to the circulation of media, we can judge whether the media belongs to the “main media”. However, with the progress of society and science and technology, more and more paper media have withdrawn from the stage of history, and the judicial standards of USCIS have also changed. Now USCIS also accepts the reports from the Internet media. The main Internet media in China, such as Sina, Sohu, Tencent News and Phoenix News, are all accepted Chinese media. The media in Europe and America need to be mainstream media or related professional media, such as www.techcrunch.com, www.thenextweb.com, etc. Media coverage must include headlines, dates, authors, and detailed translations.
In addition, in recent years, USCIS has been more and more strict in checking media coverage. Simple media coverage is of no significance to EB-1A application. Media coverage needs to be specific, preferably in the form of exclusive interviews.
4) Evidence that you have been asked to judge the work of others, either individually or on a panelProfessional Attorney Analysis: Applicants must complete at least three reviews if they want to meet this criterion. Applicants in the field of science need at least 8 to 10 reviews. The applicant must evaluate and appraise the works of others in his or her professional field or other related fields.
5) Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the fieldProfessional Attorney Analysis: This criterion is the most flexible of all the 10 criteria, and can be considered as an “all-round” option for Aliens of Extraordinary Ability. Generally speaking, we suggest that clients should patent application certificates, expert recommendation letters, business contracts and other evidence.
6) Evidence of your authorship of scholarly articles in professional or major trade publications or other major mediaProfessional Attorney Analysis: USCIS pays more attention to the quantity and quality of articles. Many applicants mistakenly believe that publishing a lot of articles in a short time can meet such requirements. USCIS will focus on citation of articles published by applicants. Generally speaking, it is easier for applicants in the fields of medicine, biology, chemistry, physics and other natural sciences to obtain a large number of citations. The articles of applicants in computer, mathematics and some liberal arts fields will be less cited.
7) Evidence that your work has been displayed at artistic exhibitions or showcasesProfessional Attorney Analysis: Generally speaking, artists and architects can meet this requirement. It should be noted that photographs are not enough evidence, and applicants need to provide complete evidence to prove that they meet this requirement.
8) Evidence of your performance of a leading or critical role in distinguished organizationsProfessional Attorney Analysis: According to the instructions of the U.S. Immigration Act, applicants should not only prove that their organizations are “important”, but also that their positions are “critical” and “major”. In addition, applicants need to provide at least two important positions.
9) Evidence that you command a high salary or other significantly high remuneration in relation to others in the fieldProfessional Attorney Analysis: Firstly, the applicant needs to provide relevant tax payment and income certificate. Then Attorney will sort out and compare the materials. Attorney will find salary standards for applicants’ domestic counterparts as well as those for their American counterparts in order to prove that applicants earn far more than their counterparts.
10) Evidence of your commercial successes in the performing artsProfessional Attorney Analysis: With the development of science and technology, USCIS keeps pace with the times. Very few tapes or CDs can be found in the market today, so most of the information used by attorneys now is online clicks and online revenue.