Green card "for talented": how easy is it to emigrate to the USA, having outstanding achievements?
Changes in immigration law create additional difficulties for certain categories of people seeking to come to the United States. Nevertheless, for those who are confident that their abilities and achievements will be in demand in America, there is always a chance to get a visa to this country and even qualify for a green card without many years of waiting for their turn.
Who can get a visa EB-1
First of all, we are talking about an immigration visa. EV-1enabling foreign nationals with outstanding abilities in science, art, education, business, or sports to apply for permanent residence in America. Here, however, there is one nuance - the applicant's abilities should receive wide public recognition at the national or international level or be confirmed by appropriate documentation in a particular area. This includes not only prominent figures of science and culture, but also teachers, researchers, managers and managers of enterprises. A significant advantage of this visa is that it does not require an American employer.
How to get a visa EB-1
In order to obtain a cherished visa, you should collect evidence of the presence of at least three of the following signs:
- the presence of national or international awards for outstanding ability;
- membership in associations, for which you must have outstanding achievements in a particular field;
- printed materials about you, published in professional or commercial print media, or other mainstream media sources;
- confirmation that you acted as a judge individually or as part of a judicial commission;
- confirmation of your significant contribution to the field of science, education, sports, art or business;
- proof that you are the author of scientific articles published in professional or commercial print media, or other media;
- proof that your work has been presented at exhibitions or shows;
- playing a leading or leading role in honored organizations;
- high wages or high remuneration of another kind, significant compared with the average level in this area;
- commercial success in the performing arts.
O-1 Visa Features
Another option for emigration through outstanding abilities and accomplishments is a visa About-1. It is similar to EB-1 with the only difference that the O visa is not immigration. It is also designed for people with extraordinary or outstanding abilities in art, sports, science, education or business. The criteria for obtaining it are similar to the EB-1, but in this case, you will also need an invitation from an American employer. Subsequently, the holder of the O-visa, if there is sufficient evidence, can apply to the green card under the EB-1 program.
How to prove that you are worthy of the visas EB-1 and O-1
Immigration lawyer Ekaterina Muratova explained to ForumDaily readers the nuances and requirements for specific categories of applicants.
Catherine assures that applicants for a visa do not have to be the Nobel Prize winners. The EB-1 and O-1 visas are applied by athletes, model business representatives (their work belongs to the field of art), the founders of successful start-ups and other categories of people.
«Here it is important to show that a person rose to the very top of his industry, and his achievements significantly exceed the average statistics in his industry. It is very important to prove that the merits of the applicant are recognized by third parties, either at the level of his own country or at the international level. Famous people are periodically invited to international events: competitions in the case of athletes, fashion shows for the fashion business, conferences for scientists, etc. But even if this did not happen, it suffices to prove that the merits of the applicant were recognized at the level of his country. The level of city or regional events is not enough here, but in Russia, for example, you can include competitions or conferences held in Moscow, if they are well known. However, when submitting documents, it is important not only to list the achievements, but also to show why they are relevant for a given country. For example, even such an obvious act of recognition as an exhibition at the Hermitage can say nothing to an immigration officer in the United States if the applicant does not explain how much the Hermitage has at the Russian level"- explains the lawyer.
Ekaterina Muratova notes that, of course, not all the signs listed in the law are suitable for each category of applicants. For example, no one will require scientific work from an athlete, but it would be desirable for him to present a list of awards or prizes. If there are none, it is possible to indicate the fact of participation in competitions, if they were prestigious, and the selection for them was quite high.
«A significant role is played by publications in the media describing the participation of a particular person in prestigious events, his merits, etc. At the same time, the level of the media is also important - it must be a well-known publication in the country, or a popular website. An important advantage is the participation in the jury of certain competitions, high compensation and payment of the applicant's services, which should be higher than in the whole country."- lists the immigration lawyer.
As a costume designer from Russia received a visa O-1
These are the achievements that the costume designer for film and television was able to demonstrate. Oksana Sumenko. Having achieved success in Russia, she decided to literally conquer Hollywood by moving to the capital of world cinema, Los Angeles.
«I started to sew and draw in early childhood, it was my favorite hobby. I was born in a small town, and the local cinema with old movies was our main entertainment. I spent there a large amount of time, with delight looking at the beautiful actresses and courageous actors, fairy-tale characters and fantastic characters. And then the dream was born to work in film production. And since the best way I could create clothes, the choice of a profession was decided by itself! Having moved to Moscow, I first graduated from the costume design department at the Moscow State University of Service, and gradually the road led me to Mosfilm. I have been working in cinema for more than 15 years, in show business - almost 20 years“- says Oksana.
For arrival in the US artist received a visa O-1.
«In the documents, I noted, first of all, work on the filming of commercials in large international and Russian companies, such as McDonald’s, Sberbank, Globus hypermarket chain. I also paid great attention to various interviews, letters of recommendation from professionals known in Russian and world cinema. In addition, I had several films in my resume that won international cinema contests."- lists Oksana.
The trial of Oksana Sumenko went absolutely smoothly, and the immigration officers did not require any additional documents from her.
«The decision was made in 15 days, although I did not file for an expedited case review. I must pay tribute to my lawyer, a true professional in her business, she ideally prepared a case. The lawyer checked everything thoroughly, scrutinized each document, presented all the evidence. The most important thing in such a process is to find a lawyer who will make your case in accordance with all the requirements, will not add anything extra (as this is more likely to harm the case), and builds a case so that any person will immediately understand what is being said and how much do you deserve this visa"- summed up Oksana.
What else is important to know about visas for talented
Another point Ekaterina Muratova calls membership in professional associations, but in this case it is important that these associations make a certain selection and do not accept everyone who wants it only on the basis of membership dues. A large number of tickets sold to a concert or competition can play a role. It is also possible to get EB-1 or O-1 visas for successful businessmen, primarily in the technological field.
«It is also important for creators of technology startups to show that their merits have been appreciated. Of course, this does not necessarily have to be Facebook or Amazon, but it is important that the startup be published in the media. With today's number of diverse businesses, it is believed that the media will not write about mediocre projects. It is also very important to contribute to the industry, for example, the invention of a unique code, achievements in the field of artificial intelligence, in a word, the creation of something that did not exist before. Conference presentations as speakers are also counted. A positive thing is the choice of a startup accelerator or incubator with a good reputation. For applications, an important indicator is the number of downloads by users, for sites - the number of visits. The letters of recommendation from industry experts play a role: venture capitalists, representatives of business incubators, etc. Since a startup is a business, the volume of attracted investments is of great importance."- Catherine lists.
In this case, when a startup is already successful and popular, a person applying for a visa must prove his leading role in this project. At the same time, the creators of a startup can also apply for a O-1 visa - for this it is only important to register a company in the USA, which, in any case, must be done to attract investments.
«The list of evidence for obtaining EB-1 and O-1 visas is the same, but the threshold for determining eligibility for EB-1 is higher. Therefore, some prefer to get an O-visa, to work on it in the United States, while refining the evidence base. However, the most frequent case is people who are not sure that they want to emigrate. The same founders of startups, for example, may want to enter the American market, try working on it, but are not initially ready for emigration. Models and athletes are often brought in by agents, and they also do not necessarily plan to emigrate. In addition, on EB-1 it is important to show the history of work, which is not always possible, for example, for young entrepreneurs.“, Adds Ekaterina Muratova.
How a model from Ukraine “switched” from an O-1 visa to an EB-1 visa
Model from Ukraine Irina Lisogor says: “go” from an O-1 visa to an EB-1 is fairly straightforward, and she knows it from her own experience. Prior to receiving the green card, she successfully received an O-1 visa three times, but she still decided to go to a lawyer to apply for EB-1. Her choice fell on Ekaterina Muratova.
«I really liked that we collected the documents very quickly. We filed them literally within a week and a half."She recalls.
Initially, even when collecting documents for O-1 visa, lawyers advised Irina to select at least 30 publications in the media: both in magazines and on Internet sites.
«Unfortunately, not all models can immediately apply for an EB-1, since the number of publications or their work experience is still insufficient for high criteria for a green card. About me at the time of submission of documents there were already publications not only in the Ukrainian, but also in the French, Italian and other foreign media. And one more important nuance. On the O-1 visa, I collected letters of recommendation from clients and employers. They are also needed on the green card, but here you need to pay more attention to explanations, what exactly I did, and why those magazines that wrote about me are considered serious and significant in my industry. Participation in various events, presentations, shows, filming in catalogs is taken into account. It is not necessary for the media to write a great article about me, but it is important that the publication is related to the confirmation of work. In other words, photos of how you visited this or that party are not counted. It is important that publications reflect the fact that you worked in a particular place."- explains the model.
Irina and her lawyer requested an expedited response, and two weeks after the submission of documents, the girl knew that he would be positive. It took only a few months to get the green card itself. Before issuing the coveted residence permit, Irina Lisogor, like any other applicants, had to undergo an interview, but she assures that in the case of a solid case no problems should arise at this stage.
«It was entirely related to my case, and it concerned the clarification of the things described in the documents submitted. No additional evidence was demanded from me, and in this I also see the merit of Catherine. If a person submits an application himself, without a lawyer, there is always a risk that he may miss some important evidence, which can significantly delay the process, and even completely lead to failure“- warns the girl.
Ekaterina Muratova assures: those who feel that their merits can be assessed outside their home country should try to obtain a visa O or EB-1. She, in turn, is ready to help everyone with the necessary documents.
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