Qualification for EB-1(a) 2/4
Posted on June 19, 2007 by Warren Wen | Category: Immigration
Qualification for Aliens of Extraordinary Ability 2/4
In the previous article, we briefly introduced the basic qualifications required for the aliens who need to prove their extraordinary ability in applying for green card. In this article, we will explain how those qualifications are defined and how potential applicants can prepare their cases accordingly.
According to relevant immigration law, the first requirement is to provide evidence that “the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation”. In practice, we usually define “organization or establishments that have a distinguished reputation” as well-known, national organization. An organization that is known locally could not qualify. Typically, an alien who undertakes a significant position, such as the President or the Executive Director of the organization or establishment will be considered as playing the “leading or critical role”. Moreover, the leading or critical role has to be for the whole organization, not just for branches or subsidiaries.
Secondly, an alien needs to prove his or her participation as a judge or referee of the work of others in the same or an allied field of specification for which classification is sought, either individually or on a panel. Moreover, certain standards need to be met regarding the qualification of judge/referee and the qualification of people who are being judged. For the qualification of the judge, it means that the position of the judge should prove that the applicant has a national or international reputation. For example, the competitions or magazines which invite the applicant as a judge should be famous nationwide, or the professional journal which invites the applicant as a judge is a national professional journal.
Thirdly, an alien must prove that his work or achievement has been published or reported by professional or major trade publications or other major media. Such evidence shall include the title, the date, and the author of the material. If the publication and report is in a foreign language, it needs to be translated. This requirement is applicable to all applicants who are either in science, arts, business or athletics field. The key point for the requirement is that the publication or media should be of national nature. Nevertheless, it does not mean only the national publication or media is acceptable. As long as the newspaper or publication with local name is published nationally and the report can be seen in the whole country, it can still qualify.
In general, for those young students who come to the US to study in the field of science and who have a lot of articles published in their fields of study, these three requirements are not easy to meet, especially the first two requirements. From our experience, these requirements are more applicable to the aliens with talents and achievements in arts or business area. For Koreans who have outstanding achievements or been recognized nationally for their talents or contributions in the area of Korean arts, folks songs and dances, it is not difficult at all for them to apply for the U.S. lawful permanent resident status as aliens with extraordinary ability. For years, it has been widely known that aliens with extraordinary ability in the field of science can apply for the U.S. lawful resident status without going through the painful labor certification process, and most of the aliens who apply for U.S. lawful permanent resident status through EB-1(a) have been aliens studying or researching in the field of science up to now. The fact that aliens with extraordinary abilities in the field of arts and business, too, can apply for US lawful permanent resident status through EB-1(a) may be the best kept secret in the U.S. immigration law.
This article is only for your reference. Please do not apply mechanically to any exact cases. You are welcome to consult our attorneys at Liu & Associates, P.C. For contact information, please click here.