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Introduction to EB1 Green Cards

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EB1 Green Card Editorial

Here at the Law Offices of Chris M. Ingram we know that US Immigration is a confusing maze, and the information on the internet can be conflicting at times. With that in mind, we have dedicated ourselves to providing you with education videos that provide a comprehensive overview of the US immigration options available.

For those individuals who are working at the very top of their field or in the national interest, this series will educate you on the options available to those with extraordinary ability, including the EB1 Green Card, the O1A and O1B visas and the National Interest Waiver, EB2 Green Card. Each one of these options have their own merit, and by viewing these various videos, you can gain the knowledge required to make an educated decision on which route to choose.

EB1 Green Card Commentary

We would very much like to help you evaluate your options, and the best way to do this is for you to send us your C.V., Bio, or Résumé along with your initial inquiry so we can really assess your options. We also have a “Help Building Your Case” program where for clients who are very close to having all of the elements needed to move forward on their case but are not quite there, we have a program to help them get there with mentoring and coaching.

So whether you chose an EB1 green card, O1-A or O1B work visa or the National Interest Waiver Green Card option, we’re here for you. Give us a call or email and we’ll get you connected to the right visa specialist. Send us an inquiry today!

Case Study: Other Attorneys told her it wasn’t possible so Anna was delighted when we said we can do it. And we did! Find out more about how we fight hard for our clients. Watch Annas full EB1 story here.

If You Can Satisfy 3 EB1 Green Card Categories
from this List Please Contact us ASAP. 

EB1 Notes

Executives and Managers

If you work for a foreign company that has operations in the U.S. you could qualify for the EB1 process. Priority worker status is available for those who’ve worked in the three years preceding the application for at least a 12 month period at the petitioning company. You must be looking to enter the U.S. at a managerial or executive level on a continue service basis. That is to take up the same position or higher for the American arm of the company. Qualification requires that you have been employed by the same employer, a subsidiary or an affiliate of the corporation and that your position was based in a country outside of the U.S.A.

Outstanding Professors and Researchers
Outstanding professors and researchers are recognized internationally for their outstanding academic achievements in a particular field. In addition, an outstanding professor or researcher must have at least three years experience in teaching or research in that academic area, and enter the US in a tenure or tenure track teaching or comparable research position at a university or other institution of higher education. If the employer is a private company rather than a university or educational institution, the department, division, or institute of the private employer must employ at least three persons full-time in research activities and have achieved documented accomplishments in an academic field.

Evidence that the professor or researcher is recognized as outstanding in the academic field must include documentation of at least two of the following:
1.Receipt of major prizes or awards for outstanding achievement;
2.Membership in associations that require their members to demonstrate outstanding achievements;
3.Published material in professional publications written by others about the alien’s work in the academic field;
4.Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field;
5.Original scientific or scholarly research contributions in the field;
6.Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.
No labor certification is required for this classification, but the prospective employer must provide a job offer and file a petition with the USCIS.

Three Years of Experience
An outstanding professor or researcher must also provide evidence of at least three years of experience in teaching and/or research in the academic field. Experience in teaching or research while working on an advanced degree will only be acceptable if the degree has been acquired; also, teaching duties must have been such that he or she had full responsibility for the class taught, and any research conducted toward the degree must have been recognized within the academic field as outstanding. Evidence of teaching and/or research experience shall be in the form of:
•    Letter(s) from current or former employer(s): The letter must include the name, address, and title of the writer, and a specific description of the duties performed.

Offer of Employment
An outstanding professor or researcher must also have an offer of employment from a prospective United States employer as follows:
•    Letter from a U.S. university or institution of higher learning offering a tenured or tenure-track teaching position or a permanent research position in the individual’s academic field
•    Letter from a department, division, or institute of a private employer offering a permanent research position in the individual’s academic field. The department, division, or institute must demonstrate that it employs at least three full-time researchers and that it has achieved documented accomplishments in an academic field.

Extraordinary Ability
In the Extraordinary ability category, there are two ways an alien can qualify. The first is if you have received a major award that’s recognized internationally. The second is a less strict route for those without an internationally recognized award. If you can answer yes to three of the following requirements you may still qualify:
1. A national or international award or prize of a lesser merit for achievements in your field. This can include a Caldecott award, a Fulbright award or a medical fellowship
2. Membership in associations in your field that require “outstanding achievement” of their members. This standard is relatively vague. Associations that are open to all members of a given profession can be considered, but associations that limit membership to only the most accomplished members of the profession are certainly more valuable.
3. Material published about you in major trade publications or other major media. The material must concern your work in the field. Publications could range from journals specific to your field, like The Journal of Otolaryngology, to major newspapers, like The New York Times. You are not limited to print; a story about you on “60 Minutes” might also fulfill this requirement.
4. Serving as a judge of others in your field either individually or on a panel. Sitting on the Nobel Prize Committee would fulfill the requirement, as would participating in the peer review process of a scientific article or acting as a member of a thesis review committee.
5. Original, scientific, scholarly, artistic, athletic, or business-related contributions of major significance in your field. This standard is wide open. Basically, USCIS will base its judgment of your contribution on the letters of support that others in the field submit. So letters from recognized authorities in your field who consider your contributions original and significant will satisfy this requirement.
6. Authorship of scholarly articles in your field. This refers to articles that you wrote concerning your work rather than material written about you by others, as is the case with standard 3 above. Again, the publications can range from major trade journals to mass media. Although the regulations refer specifically to “articles,” other forms of publication such as visual media should fulfill this requirement.
7. Display of your work in exhibitions or showcases. The regulations do not mention how prestigious the exhibition must be.
8. Performing a critical or leading role for organizations that have a distinguished reputation. This could be acting as curator for the Metropolitan Museum of Art or serving as an essential researcher for an important laboratory.
9. Commanding a high salary in your field. The regulation requires that your salary or remuneration be high in relation to others in the field, so a teacher need not make as much as a professional football player.
10. Commercial success in the performing arts. This can be demonstrated by box office receipts from your films or plays, sales of your record, or selling your video documentary to a network for a notable sum.
Satisfying three out of the ten criteria does not guarantee that USCIS will grant you EB-1 classification as an alien of extraordinary ability. USCIS looks for quality as well as quantity. As in so many other aspects of immigration law, comprehensive documentation of your qualifications is very important.

Find out how to get a green card in our eb1 green card checklist video.

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US Immigration Law Offices of Chris M. Ingram
Chris M. Ingram LL.M., ESQ – Immigration Attorney
Admitted in New York.
Practice Specializing in US Immigration Law
401 Wilshire Boulevard, 12th Floor,
Santa Monica,
California 90401
Tel: 442 244 4350

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