1.
Three Ideal Options for a Green Card Application
Aliens of Extraordinary Ability may be eligible
for a First Employment-Based Preference (EB1-EA or EB1A). A Green Card applicant with
extraordinary ability in the arts, sciences, education, business or athletics is eligible for treatment as a priority worker in the EB1
immigration category.
For
alien applicants with an advanced degree - masters or above, there are three ideal
options to apply for a U.S. Green Card. These options are in different immigration
classifications in Employment-Based (EB) immigration, which include:
- EB-1A: Aliens with Extraordinary Ability in the
Sciences, Arts, Education, Business or Athletics (or EB1-EA);
- EB-1B: Outstanding Researchers and Outstanding
Professors
(or EB1-OR);
- EB-2
NIW: Members of Professions Holding Advanced Degrees Applying for a Waiver
of Labor Certification in National Interest (or NIW).
Some
people with advanced degree do not know how to apply for Green Card in above
three preferred categories, but instead, these people apply for a Labor
Certification. However, choosing Labor Certification
is not the best strategy and quicker way for people who may qualify for
one of the above three ideal immigration classifications.
An alien should determine the most appropriate type
and fast route to obtain a U.S. Green Card. By using the Form I-140 of USCIS
(United States Citizenship and Immigration Services), each type of above EB Form I-140 petition requires different
kind of evidence. Some aliens may qualify for more than one immigrant
categories of EB1 or NIW.
2.
The Green Card Application in the EB1-Extraordinary Ability Category
Certain aliens
are exempted from the Labor Certification application process by virtue of their
extraordinary ability, outstanding research, positions as international managers and
executives, or their work in U.S. national interest. An immigrant petition filed on behalf of an alien with extraordinary ability must demonstrate that the alien
possesses a
level of expertise indicating that he or she has risen to the top of the field of endeavor.
If you have
extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim, and whose achievements have been recognized in the field through extensive documentation, then you will qualify as an alien of extraordinary ability. If you are a member of the "small percentage who have risen to the very top of the field of endeavor", then you can apply under this
category.
A
Green Card applicant with
extraordinary ability in the sciences, arts, education, business, or athletics is eligible for treatment as a priority worker in the EB1
category.
Individuals who qualify for this category as persons with extraordinary
ability can waive both the Labor Certification and offer of employment
requirements. The extraordinary ability category does not require a job offer or
a U.S. employer's sponsorship. Therefore, no labor certification is required. Consequently, aliens can petition for themselves without
the assistance of an employer. However, it will be important for the alien to establish that he or she will continue to work in the area of his/her
specialty in United States.
The employment-based immigration is one of the most popular ways to obtain U.S. Permanent Residency. The Permanent Residency process is a two-application process. One application is called Form I-140
petition for an immigrant visa, which can be filed by a U.S. employer or by an alien in some immigration
categories, such as EB1- Extraordinary Ability. The other application is filed by an alien and is called Form I-485
application, to change his or her legal status in the United States to
receive the actual Green Card, as a U.S. permanent resident.
3.
The Requirements EB1-Extraordinary Ability Petition
The term "extraordinary ability" is defined
by USCIS as "a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor". The initial evidence which must be submitted should establish that the alien "has sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise."
Extraordinary ability aliens fall within the employment-based first preference. The requirements
for the first preference classification are as follows:
a) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation;
b) the alien seeks to enter the United States to continue work in the area of extraordinary ability; and
c) the alien's entry into the United States will substantially benefit prospectively the United States.
The EB1-Extraordinary Ability
category provides the alien with the same immigration benefits as the EB2 National Interest Waiver,
but without the need to prove that the alien's work is
in the national interest of the United States. An EB1-Extraordinary Ability petition
has strong evidentiary requirements which include the following:
- The alien must have a demonstrated ability
through sustained national or international acclaim; and
- This extraordinary ability must be recognized
in the alien's field through extensive documentation.
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