1. What are the eligibility requirements for a green card based on extraordinary ability?
1. To qualify for a green card based on extraordinary ability, the applicant must demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. The applicant must also show that they have “risen to the very top” of their field and that their work has had a major impact on their field. The applicant must also provide evidence of a one-time achievement, such as receipt of a major internationally recognized award, or at least three of the following:
• Documentation of the receipt of lesser nationally or internationally recognized prizes or awards for excellence
• Membership in associations in the field which demand outstanding achievement of their members
• Published material in professional or major trade publications or other major media about the applicant
• Evidence of the applicant’s judgment as a noted expert in the field
• Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
• Authorship of scholarly articles in professional journals or other major media
• Evidence that the applicant has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation
• Evidence of commercial successes in the performing arts
2. Is it necessary to have an employer sponsor in order to apply for a green card based on extraordinary ability?
Yes, it is necessary to have an employer sponsor in order to apply for a green card based on extraordinary ability. An employer sponsor must file a permanent labor certification application with the U.S. Department of Labor and obtain approval before the individual can submit an application for an EB-1 visa.
3. Can I apply for a green card based on extraordinary ability if I am located outside of the United States?
Yes, you can apply for a Green Card based on extraordinary ability from outside of the United States. However, you must meet all the criteria for an EB-1A visa to be eligible.
4. How long does it take to get a green card based on extraordinary ability?
It generally takes around 7-12 months to receive a green card based on extraordinary ability.
5. What are the financial requirements for a green card based on extraordinary ability?
The financial requirements for a green card based on extraordinary ability vary based on the applicant’s situation and the specific green card application they are submitting. Generally, the individual must show that they have either current or future employment or occupational opportunities in the United States that will generate sufficient income for the individual and any accompanying family members to maintain a reasonable standard of living. In certain cases, the individual may be able to demonstrate that they have sufficient personal or family assets to sustain themselves without employment.
6. Is there an age limit when applying for a green card based on extraordinary ability?
No, there is no age limit when applying for a green card based on extraordinary ability. The U.S. Citizenship and Immigration Services (USCIS) does not specify any age requirement for applicants.
7. Do I need to have a job offer in order to qualify for a green card based on extraordinary ability?
No, you do not need a job offer to apply for a green card based on extraordinary ability. However, having a job offer from a U.S. employer can be helpful in satisfying some of the criteria for this type of green card and making your application more competitive.
8. How do I prove that I have extraordinary ability in order to qualify for a green card?
In order to prove that you have extraordinary ability for a green card, you must show evidence of sustained national or international acclaim and recognition in your field, including evidence of a one-time achievement (such as a major international award). You must also show evidence that you have at least three of the following accomplishments:
1. Receipt of lesser nationally or internationally recognized prizes or awards for excellence in your field.
2. Membership in associations in your field that require outstanding achievements of their members, as judged by recognized national or international experts.
3. Published material about you in professional or major trade publications or other major media.
4. Judging the work of others in your field, either individually or on a panel.
5. Original scientific, scholarly, artistic, athletic, or business related contributions of major significance in your field.
6. Authorship of scholarly articles in professional or major trade publications or other major media.
7. Display of your work at artistic exhibitions or showcases.
8. Leading or significant roles for organizations or establishments that have a distinguished reputation.
9. High salary or other remuneration for services in your field, evidenced by contracts or other reliable evidence.
10. Commercial successes in the performing arts.
9. Is there an application fee for applying for a green card based on extraordinary ability?
Yes, there is an application fee for applying for a green card based on extraordinary ability. The fee is $700 and must be paid when submitting the Form I-140, Immigrant Petition for Alien Worker.
10. Are there any special benefits provided to individuals with exceptional abilities who obtain a green card?
No, there are no special benefits provided to individuals with exceptional abilities who obtain a green card. However, there may be additional pathways to citizenship or permanent residence available based on an individual’s unique qualifications.
11. Are certain nationalities more likely to be approved for a green card based on extraordinary ability than others?
No, there is no evidence that any particular nationality is more or less likely to be approved for a green card based on extraordinary ability than others. The criteria for obtaining a green card based on extraordinary ability are the same regardless of nationality.
12. Can I travel outside of the United States while my application for a green card based on extraordinary ability is pending?
Yes, you may travel outside of the United States while your application for a green card based on extraordinary ability is pending. However, you must either have an Advance Parole or a valid H or L visa to re-enter the United States.
13. What is the best way to prepare my application for a green card based on extraordinary ability?
The best way to prepare your application for a green card based on extraordinary ability is to ensure that you have the necessary evidence and documentation to support your claim. This includes, but is not limited to, evidence of any awards, distinctions, or recognitions you have received; copies of published materials related to your work; detailed letters from experts in your field; and any additional evidence or documentation that could prove your extraordinary ability. Additionally, it is important to ensure that all documents are up-to-date and properly formatted in accordance with the U.S. Citizenship and Immigration Services (USCIS) guidelines.
14. Does having an advanced degree improve my chances of obtaining a green card based on extraordinary ability?
Having an advanced degree may improve your chances of obtaining a green card based on extraordinary ability. However, it is not a requirement. The USCIS will consider a range of factors when making a determination on your eligibility, such as evidence of your acclaim in the field, your professional achievements, and the number of awards you’ve received.
15. How often is the application review process for a green card based on extraordinary ability completed?
The application review process for a green card based on extraordinary ability is typically completed in 8 to 12 months.
16. Are there any special considerations made for applicants with exceptional abilities who do not meet all of the standard requirements for a green card?
Yes. The U.S. Citizenship and Immigration Services (USCIS) provides a number of special considerations for applicants with exceptional abilities who do not meet all of the standard requirements for a green card. These considerations include both the employment-based and family-based green card processes.
For applicants with extraordinary ability in the sciences, arts, education, business, or athletics, they may be eligible for an EB-1A visa, which does not require the applicant to have a job offer from a U.S. employer. The applicant must have sustained national or international acclaim and achievements in his or her field in order to qualify.
Applicants who hold exceptionally advanced degrees or possess exceptional talent in the sciences, arts, or business may also be eligible for an EB-2 visa with a National Interest Waiver (NIW). This waiver allows the applicant to bypass the labor certification requirement and petition for a green card without a job offer from an American employer.
In addition, USCIS grants waivers of certain family-based immigration requirements for immediate relatives of U.S. citizens or lawful permanent residents. These waivers may be granted if the applicant can demonstrate that refusal of their admission would cause extreme hardship to the qualifying relative or that the applicant is eligible for one of the other categories listed on the application form.
17. What type of evidence must I submit to prove my extraordinary ability when applying for a green card?
To apply for a green card based on extraordinary ability, you must provide evidence of the following:
– Documentation of your receipt of a major internationally recognized award such as a Nobel Prize or an Oscar;
– Documentation of your membership in associations in the field for which you have an extraordinary ability;
– Published material about you in professional or major trade publications or other major media;
– Evidence that you have judged the work of others in the same or an allied field;
– Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
– Evidence of your authorship of scholarly articles in the field, in professional or major trade publications or other major media;
– Evidence that your work has been displayed at artistic exhibitions or showcases;
– Evidence of your performance of a leading or critical role in distinguished organizations; and
– Evidence that you command a high salary or other significantly high remuneration in relation to others in the field.
18. Are there any restrictions that are associated with having a green card based on extraordinary ability?
Yes, there are some restrictions associated with having a green card based on extraordinary ability. A green card holder with extraordinary ability must demonstrate that their presence in the U.S. is beneficial to the national economy, cultural, or educational interests of the U.S. Additionally, they must prove that they will continue to work in their field of expertise in the U.S., unless otherwise authorized by the Department of Homeland Security. There are also other restrictions, such as not being able to receive public benefits, that may apply to green card holders with extraordinary ability.
19. Is it possible to be issued a temporary work permit while my application for a green card based on extraordinary ability is being processed?
Yes, it is possible to be issued a temporary work permit while your application for a green card based on extraordinary ability is being processed. Under the USCIS rules, a qualified applicant may receive an Employment Authorization Document (EAD), which allows them to work in the United States while the green card process is pending.
20. Are there any risks associated with applying for a green card based on extraordinary ability?
Yes, there are risks associated with applying for a green card based on extraordinary ability. These risks include potential delays or rejections due to a lack of necessary evidence or evidence of fraud. Additionally, if the individual’s extraordinary ability does not meet the criteria for permanent residence, their application will be denied. Additionally, if the individual is not able to maintain their extraordinary ability or their circumstances change, they may be at risk of losing their permanent residence status. Finally, if an individual has a criminal record or has committed immigration fraud in the past, their application could be denied.