25February2018

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Extraordinary Ability Temporary Visa

O-1 Temporary Visas

Temporary Visas are available to applicants of "extraordinary ability" in the fields of sciences, arts, education, business or athletics. This category is quite broad and can be appropriate for such diverse applicants as cutting-edge scientific researchers, professors, innovative corporate executives, jazz musicians, judo instructors, graphic designers, art directors, silk screen artists, gymnastics coaches, and computer software specialists - as long as the applicants can show their extraordinary ability in their respective field. The burden of proof is on the petitioner (O-1 visa applicant); however, there are many creative ways in which to prove extraordinary ability.

Individuals seeking this visa must be able to demonstrate their extraordinary ability through documentation of sustained national or international acclaim in their field. O-1 petitions have a higher success rate if a beneficiary has received national or international awards, has a record of press reports about their work, authored writings in publications, made original contributions to their field, worked for companies, organizations or on projects with a distinguished reputation, earns a high salary or has other recognized achievements in their field.

In order to qualify for an O-1 visa in the motion picture or television industry, the applicant must demonstrate extraordinary achievement evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent the person is recognized as outstanding, notable or leading in the motion picture and/or television field. Moreover, the O applicant must be coming to the U.S. to work in his or her area of extraordinary ability or achievement.

Those individuals who can qualify for the O-1 Temporary visa can usually also meet the legal standard for the corresponding immigrant classification, the EB-1 (extraordinary ability).

O Extraordinary Ability Permanent Residency

EB-1 First Preference Priority Workers (Permanent Residency) The advantage of the EB-1 Preference Category is that the applicants can skip the Perm Process with the Department of Labor and immediately file with U.S. CIS.

The EB-1 category (where no Labor Certification is required) covers three groups: workers of extraordinary ability; outstanding professors and researchers; and, multinational managers and executives.

EB-1 Extraordinary Ability Workers

In the first subset of the EB-1 priority worker category, there is no job offer required. This means that either an employer may petition for an EB-1 extraordinary worker or the worker may petition for themselves. If the worker self-petitions, they must show evidence of contracts or prearranged commitments for future employment or a description of how they will continue to be gainfully employed in the U.S.

In the US CIS regulations, extraordinary ability is defined as a "level of expertise indicating that the individual is one of a small percentage that has risen to the very top of the field of endeavor". This extraordinary level of ability must be demonstrated by sustained national or international acclaim and by recognition in the field by extensive documentation. US CIS will require evidence that the work the individual will perform will substantially benefit the U.S.

In order to demonstrate extraordinary ability, the applicant must show that their ability has been recognized in the field of endeavor through sustained acclaim. This can be shown through a single major internationally recognized achievement such as a Nobel Prize, Pulitzer Prize or an Academy Award. Alternatively, the applicant can demonstrate three of the following ten criteria:
Receipt of lesser national or international prizes or awards for excellence in their field of endeavor;

Membership in associations in the field of endeavor that require outstanding achievements of their members as judged by recognized national or international experts;Published material about the alien and his work in professional journals, trade publications, or the major media;

Participation, either in a group or alone, as a judge of others in the same or a similar field;Original scientific, scholarly, or artistic contributions of major significance in the field of endeavor;

Authorship of scholarly articles in the field, published in professional journals or the major media;

Display of the alien's work at artistic exhibitions or showcases in more than one country;
Performance in a lead, starring, or critical role for organizations with a distinguished reputation;
Commanding a high salary compared to others in the field; or
Commercial success in the performing arts, as shown by box office receipts and sales.

Realizing that these ten categories of evidence do not encompass all the evidence that could be presented to show extraordinary ability, US CIS also allows for any other comparable evidence.

EB-1 Outstanding Professors and Researchers

This second subset of the EB-1 priority worker category is for professors and researchers who are internationally recognized for their outstanding achievements. In this category, although the worker must have a job offer, there is no Department of Labor Certification required.

The requirements for this category are as follows:
International recognition as outstanding in a specific academic field;
at least three years of teaching or research in the field- the teaching or research experience can be gained while in pursuit of an advanced degree, but only if the alien had full responsibility for the courses taught, or the research is recognized as outstanding; and an offer of employment.
The employment offer must be:1.a tenure or tenure-track teaching position; or
2.a comparable research position at a university or institute of higher education; or
3.a research position with a private company if the employer has at least three full time researchers and has documented research accomplishments in the field.

The offered position must be permanent which means for an indefinite term or term of unlimited duration with an expectation of continued employment. Unlike applicants in the extraordinary ability subcategory, applicants in the outstanding professor or researcher subcategory must have a job offer.

However, as with all first preference employment petitions, no Department of Labor Certification is required.
The outstanding professor or researcher must demonstrate two of the following criteria:Receipt of a major prize or award for outstanding achievement in the academic field;
Membership in associations that require outstanding achievements of their members;
Published material in professional publications written by others about the applicant's work;
Participation as a judge of the work of others in the field;
Original scientific or scholarly contributions in the field; or
Authorship of scholarly books or articles in journals with international circulation.

EB-1 Multinational Executives and Managers

Multinational executives and managers are exempt from the labor certification requirement.
To be admitted as an immigrant, a multinational executive or manager must have been employed in a managerial or executive or executive capacity for at least one year out of the past three years. The past employment must be with the same employer, an affiliate, a parent or a subsidiary. The employment does not need to have been completed at one time, but can be aggregated over the three years. The petitioning employer must have been doing business in the U.S. for at least one year.
In order to qualify as an executive, the applicant must:1.Direct the management of the organization or a major component or function of the organization;
2.Establish the goals and policies of the organization, component or function;
3.Exercise wide latitude in discretionary decision making; and
4.Receive only general supervision from higher level executives, the board of directors, or stockholders of the organization.
In order to qualify as a manager, the applicant must:1.Manage the organization, or a department, subdivision, function, or component of the organization;
2.Supervise and control the work of other supervisory, professional, or managerial employees, or manage an essential function within the organization, or a department or subdivision of the organization;
3.Have the authority to hire and fire supervised employees, or recommend them for promotion or other personnel action, or (if there are no immediate supervisees) function at a senior level within the organizational hierarchy; and
4.Exercise direction over the day to day operations of the activity or function over which the worker has authority.

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Copyright © 2000-2012 Law Offices of Andrew P. Johnson, PC. All rights reserved. Tüm hakları saklıdır.
©Copyright 2011-2018 2000-2012 Law Offices of Andrew P. Johnson, PC. All rights reserved. | Powered By Law Offices Andrew P. Johnson