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Don’t have a sponsor? Try the Extraordinary Alien Petition

Question: I have lots of years of experience and lots of publications and awards. However, I don’t have an employer to sponsor me. Is there any other option?

Answer:  There might be. EB1-A or EB1-EA is a subgroup of first preference employment-based immigration (EB-1). This immigration preference category is for foreign nationals of extraordinary ability in the sciences, arts, education, business, or athletics. According to federal immigration law, such persons are not required to have a prospective employer (unlike EB1-B and EB1-C, and other preference categories), but they must be entering to continue to work in their chosen field, and they must substantially benefit prospectively in the U.S. In addition, the petitioner has to show that the foreign person sustained national or international acclaim with recognized achievements. This is the requirement that is most difficult to prove.

Question: What is needed to prove this particular petition?

Answer: While it is not easy, there are a specified list of items upon which we can try to put the supporting evidence.

Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor. Membership in an association that requires outstanding achievement as a condition of membership in the field for which the classification is sought. Published material about the foreign person or his or her work in professional, trade journals, or major media publications. (These items must include title, date, author, and must be translated into English)
The foreign person’s participation, on a panel or individually, as a judge of the work of others in the same or a related field. Evidence of original contributions, usually through publication, of major significance in the foreign national’s fields of science, scholastic, artistic, or athletic

DHS Announces Final Rule Impacting Highly Skilled Workers

Today, DHS published in the Federal Register the final rule entitled “Enhancing Opportunities for H-1B1, CW-1, and E-3 Nonimmigrants and EB-1 Immigrants,” which becomes effective on February 16, 2016. This DHS announcement outlines the changes the rule makes to DHS regulations affecting highly skilled nonimmigrant workers for specialty occupations from Chile, Singapore (H-1B1) and Australia (E-3); EB-1 immigrant outstanding professors and researchers; and nonimmigrant workers in the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) classification.

EB-1 Extraordinary Ability petitions must show evidence related to the field of expertise

The court upheld USCIS’s finding that the area of extraordinary ability defined by the plaintiff was gymnastics coaching, not gymnastics, and that it was reasonable to find evidence that the beneficiary won an Olympic gold medal in gymnastics insufficient

Examples of recent EB-1-1 RFEs and denials

The USCIS Liaison Committee is seeking examples of recent EB-1-1 RFEs and denials where the newly-revised RFE template based on the agency’s interpretation of Kazarian was used.

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