Self-Petition is Possible for Workers of Extraordinary Ability

EB1A is really a new term for something that has long been present in the United States. Unlike the typical immigrants, an EB1A is all about entering alone, a completely outside of the chain migration business – no family member or employer is involved; totally self-supporting, a self-sponsored green card category.

The standard for EB1A is high and reserved for intending immigrants who are among the most capable and accomplished in their professional fields within the arts, sciences, education, business, and sports. It is their cutting-edge, groundbreaking, scholarly, and influential work that makes them the top of the top the best of the best of their profession. They are perhaps the most valuable immigrants that the United States of America wants them permanently without having a sponsor or a labor certification.

Few examples of aliens of extraordinary ability could be a Big Data Analyst who works at the very top level of Big Data and without his/her skills; many companies simply could not exist. Another example could be a Solution Architect who designs and builds many systems that are core to a business. Couple more could be, an expert in data transmission who can make the data that transmitted through the internet smaller in size can get the information through the current infrastructure much more faster. A creative and an innovative businessman makes lot of money as he is using unique tools, ideas, and procedures in his business. An artist has achieved commercial success in performing arts, releasing music, making motion picture or television productions. The higher the preference category, the shorter the wait time for the actual green card process to take place. Note that the job examples mentioned do not by definition or per see render a person eligible for an EB1. Cases are analyzed on individual basis.

Immigration laws have set out the following specific criteria for an employment-based, first preference EB1A visa:-

1. Aliens of extraordinary ability in the field of sciences, arts, education, business, or athletics.
2. Alien’s extraordinary ability is demonstrated by sustained national or international acclaim in the form of either:-
a) Recipient of a major one-time achievement award such as Nobel Prize, Pulitzer Prize, Olympic Gold Medal, or other related major awards.
Or
b) At least meets the three out of the 10 below listed criteria:-

Recipient of lesser internationally or nationally recognized awards that showed you have risen to the very top of your field.

Publish lots of scientific papers in the course of your career

Present scientific reports and findings and papers at conferences

Implementation of your work has changed the process or procedure of an organization

Earn a patent of your work

Participate as a judge to evaluate the work of others in your field

Authored scholarly articles in any professional journals or other major media

Commanded exceptionally high compensation compared to others in your field

Commercial success in performing arts

3. Provide extensive evidence of relevant documents that could substantiate the above mentioned requirements.
4. Demonstrate the actual interest of entering into the United States so to continue working in their extraordinary field of ability.
5. Demonstrate that their entry to the United States substantially benefit the country.

An excerpt from a 2013 newsletter said that, “Under current law there is an allocation of some 40,000 immigrant visas for particularly talented people; this is the EB-1 category for “priority workers” and while 40,000 is a big number, it is also only 4% of the roughly one million immigrants granted legal status each year. Backed by several opinions and arguments, the most recent report issued on Nov 29, 2016 from a group called FAIR (The Federation for American Immigration Reform) also known for its far- right views, says that, “This nation is the employment a merit based immigration system and family trend immigration. As in now, operates our immigration system is based on nepotism. We immigrant who already have family members in the country. We do not make immigration decisions based on whether or not an immigrant can contribute to our economy, or has some remarkable talent that would benefit the nation.” This shows that there will possibly be an uptake in the skilled work employment based immigration. Especially those based on individuals of extraordinary ability. Transition into this category will be a successful formula for getting an approval in the EB1A category.

Sponsoring a green card on your own is no doubt a daunting task, but unless you do it and you partner with someone who knows what they are doing, you could never be able to earn the privilege of you being the most valued immigrant of the United States and the country needs you for the benefit of its economy. So never underestimate yourself thinking that you could disqualify the required criteria. Having said that, the only thing you can do is to understand how the process work, figure out who to trust who can guide you finding a rock-solid way to highlight your life achievements to win your extraordinary ability case that satisfies the EB1 criteria. This needs an extensive documentation and excellent petition skills of the attorney. You need to put your trust in a professional immigration law firm who can help you decide what action to be taken based on your situation. One such firm you can rely on is Shah Peerally Law Group not because of its name and fame but because of its competency and accuracy. The law firm exactly knows how to submit cases that have been thoroughly prepared, and that every category has been comprehensively documented in multiple layers. Based on years of strict legal training and experience of its attorneys, the law firm can establish and make clear through documented evidence, through information, through arguments that this case is the most capable and accomplished in his/her professional field, demonstrate the actual interest of entering into the United States so to continue working in their extraordinary field of ability and thus get you an approval in a short period of time.