If you believe yourself to have extraordinary ability and are looking to immigrant to the United States, then EB-1 or EB-2 NIW might be right for you.
EB-1 is Employment-Based Immigration: First Preference. Those who qualify demonstrate extraordinary ability or outstanding researcher, teachers, and/or managers of multinational businesses. Even an athlete may qualify.
For the category you wish to qualify in you must provide evidence. For an athlete, this would mean an Olympic medal. For a teacher, you must provide an offer of employment from the prospective U.S. employer. This employer must show documented accomplishments and that it employs at minimum 3 full-time researchers. For managers of multinational businesses, the petitioning employer must be a U.S. employer and intend to employ you as a manger or an executive. The petitioner must have been doing business in the U.S. for over a year. No labor certification is required.
In order to demonstrate eligibility, you must either include evidence of a one-time achievement or, or 3 of the following 10. Note other examples not listed may still apply.
Receipt of lesser nationally or internationally recognized prizes or awards for excellence.
Evidence of your membership in associations in your field which demand outstanding achievement of its members.
Evidence of published material in major media.
Evidence that you have been asked to judge the work of others, by yourself or on a panel.
Evidence of your original scientific, scholarly, artistic, or athletic contributions of major significance to the field.
Evidence of your authorship of scholarly articles in 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 important role in distinguished organizations.
Evidence that you command a high salary.
Evidence of your successes in the performing arts.
Examples of documentary evidence that a person is an outstanding Professor Or Researcher.
In order to demonstrate you are an outstanding professor or researcher, you must include evidence of 2 of the 6 listed criteria below. Other achievements may qualify.
Evidence of receipt of major prizes or awards for outstanding achievement.
Evidence of membership in associations that require their members to demonstrate outstanding achievement.
Evidence of published material in professional publications written by others about the alien's work in the academic field.
Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field.
Evidence of original scientific or scholarly research contributions in the field.
Evidence of authorship of scholarly books or articles in the field.
Extraordinary Ability: Petition for Alien Worker.
Outstanding Professors and Researchers: Your U.S. employer must file a Petition for Alien Worker. Part of the application is your employer demonstrating a continuing ability to pay the offered wage as of the priority date. Your employer must provide evidence that they can consistently pay your wages.
Multinational Manager or Executive: Your U.S. employer must file a Petition for Alien Worker. The same requirement to prove employer's ability to pay your wages applies.
If approved your family, spouse and children under 21, may be eligible to apply for admission.
Or you may qualify for EB-2 NIW.
An EB-2 NIW is a National Interest Waiver that requests the labor certification requirement be waived. To qualify, you must have an advanced degree in a field of extraordinary ability in the sciences, arts or business.
If your NIW profile is strong, you may choose concurrent filing where your Immigrant Petition and Adjustment of Status Application are filed together
After passing the General EB-2 Eligibility Test, you must also satisfy all 3 elements of the National Interest Waiver test:
1. Your proposed work has both substantial merit and national importance.
2. You are well-positioned to advance your proposed work.
3. When balancing all the factors, it would be in the national interest of the U.S. to grant you a waiver of the normal job and labor certification requirements.
The employer must also persuasively demonstrate that they seek employment in an area of substantial need to the U.S. This is a worthwhile option because it removes the permanent job offer requirement.
The process of being selected as a person with extra ordinary qualifications are often hard, lengthy and requires lots of documentations. Having a qualified lawyer to work hard on your behalf is a plus.
Attorney Ramona Kennedy has been representing clients for this visa category and as of 09/09/2021 all the applications on this category with United States Citizenship and Immigration Services (USCIS) have been approved. The initial case evaluation is free of charge.
This is a legal blog. It is not intended to be used as legal advice. This blog does not create Attorney-Client Relationship. For further information please contact the law offices of attorney Ramona Kennedy.
Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California, licensed by California Supreme Court (USA). Ramona Kennedy is the lifetime, honorary member of the US Supreme Court's Bar Association and a member of American Immigration Lawyers Association (AILA). Ramona Kennedy is fluent in English and Farsi (Persian).
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