1.
The Advantages of Applying for EB1-Extraordinary
Ability (EB1-EA)
The EB1-Extraordinary Ability (EB1-EA)
category is reserved for those at the top of their field who have a record of sustained national or international acclaim.
For a
person who may qualify for EB1-EA, applying for this immigration category is a
much better choice and quicker way to obtain U.S. Green Card than the Labor Certification.
The
EB1-EA petition does not require Labor Certification. Furthermore, an applicant
can do self-petition for the EB1-EA application, which means that the applicant
does not need a specific U.S. employer’s sponsorship or even a job offer. The
only requirement is that the person must stay in the same field during the
application process.
Without
the requirement of Labor Certification or a U.S. employer’s sponsorship, the EB1-EA applicants enjoy the
following three major advantages:
1) The
Labor Certification is a long-time process. Therefore, bypassing the Labor Certification
process is really an advantage of EB1-EA, and it makes EB1-EA much faster than
other immigration categories requiring the Labor Certification.
2)
Another advantage of EB1-EA petition is that some employers are reluctant to
sponsor a foreign employee’s Green Card application, this is especially true
during the U.S. economic descending time. In such a situation, an employer may
not want to begin a Labor Certification process, and an alien employee cannot apply for a
Labor Certification by himself/herself without the employer’s sponsorship.
3) The EB1-Extraordinary Ability immigration category is
similar to EB1-Outstanding Researcher or Professor, but the EB1-EA
does not require an employment position to be permanent or on tenure
track. The alien applicants without a permanent job position or a permanent
job offer, such as F1 students, H-1B post-doctor researchers, H-1B and L1 researchers
or consultants, J1 visiting scholars, can apply for Green Card in the EB1-EA
immigration category by themselves as self-petitioners, without an employer's sponsorship.
Without
the requirement of Labor Certification, an employer's sponsorship, or
even a job offer,
an EB1-EA applicant also enjoys much greater freedom in an employment. An alien applicant does not need to meet some very strict conditions set otherwise in the
Labor Certification, such as:
- leave
current employer;
- lose
job;
- change
job description or title;
- change
job location;
- employer
out of business;
- employer’s
merger with other company.
In
other words, as an applicant in the EB1-EA petition, you do not need to worry about a failure to satisfy the conditions
set by the Labor Certification and the jeopardy of your Green Card application
process. You do not have to be stuck with your current employer during the whole
Green Card application process for several
years before change to another employer. Your Green Card application process and
situation is under your control,
not your employer's control.
2. The Ten Criteria
and Their
Analyses for EB1-EA Application
The EB1-Extraordinary Ability
immigration category is reserved for those at the top of their field who have a record of sustained national or international acclaim.
This immigration category is similar to EB1-Outstanding researchers and professors, but does not require a permanent position.
For qualified alien applicants, the EB1-EA is an excellent alternative to Labor Certification Green Card application, because it
is much faster.
The question, "which should I file for: EB1-Extraordinary Ability or National Interest
Waiver?" is often asked by people. While it easy to understand why
there may be confusion over which category one falls into, a quick analysis of
the requirements of each should clear things right up.
The distinction between the categories is marked
by the use of two terms: "Extraordinary Ability" (EB1-EA) and
"Exceptional Ability" (EB2 National Interest Waiver). Each of these
classifications involve distinctive minimum requirements. To understand which
category may be appropriate for an alien applicant, the applicant needs to understand the EB1-EA
requirements, and meet at least three (3) of the criteria.
The ten criteria for EB1-Extraordinary Ability
immigration category are as follows:
1) "Documentation of the
alien's receipt of lesser nationally or internationally recognized prizes or
awards for excellence in the field of endeavor." The receipt of lesser nationally
or internationally recognized prizes is not like internationally recognized award such as a Nobel or Pulitzer Prize.
2) "Documentation
of the alien's membership in associations in the field for which
classification is sought, which require outstanding achievements of their
members, as judged by recognized national or international experts in their
disciplines or fields." Associations that are open to all members of a given profession
may be considered, but associations that limit membership to only the most accomplished members of the profession are certainly more valuable.
3) "Published
material about the alien in professional or major trade publications or other
major media, relating to the alien's work in the field for which
classification is sought. Such evidence shall include the title, date, and
author of the material, and any necessary translation." The material must concern the person’s work in the field. Publications could range from journals specific to the
field to major newspapers.
4) "Evidence
of the alien's participation, either individually or on a panel, as a judge of
the work of others in the same or an allied field of specification for which
classification is sought." Participating in the peer review process of a scientific article or acting as a member of a thesis review committee
may fulfill this requirement.
5) "Evidence
of the alien's original scientific, scholarly, artistic, athletic, or
business-related contributions of major significance in the field." This standard is wide open. Basically, the
USCIS will base its judgment of the alien’s contribution on the letters of support that others in the field submit.
6) "Evidence
of the alien's authorship of scholarly articles in the field, in professional
or major trade publications or other major media." This refers to articles that the alien wrote concerning his or her work.
The publications can range from major trade journals to mass media. Although the regulations refer specifically to "articles," other forms of publication such as visual media may fulfill this requirement.
7) "Evidence
of the display of the alien's work in the field at artistic exhibitions or
showcases." The regulations do not mention how prestigious the exhibition must be.
8) "Evidence that the alien
has performed in a leading or critical role for organizations or
establishments that have a distinguished reputation." This could be performing a critical or leading role for organizations that have a distinguished
reputation, or serving as an essential researcher for an important laboratory.
9) "Evidence
that the alien has commanded a high salary or other significantly high
remuneration for services, in relation to others in the field." The regulation requires that the alien’s salary or remuneration be high in relation to others in the field, so an
post-doctor needs not make as much as a professional engineer.
10) "Evidence
of commercial successes in the performing arts, as shown by box office
receipts or record, cassette, compact disk, or video sales." This can be demonstrated by box office receipts from the alien’s films or plays, record sales, or selling a video documentary to a network for a notable sum.
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