US Streamlines Visa Process for Individuals with Extraordinary Abilities
The US Citizenship and Immigration Services (USCIS) has expanded its criteria for certifying the qualifications of individuals with extraordinary ability. Now, people with international recognition in the fields of science, art, education, business or sports will be able to more easily obtain a green card, writes Forbes.
EB-1 is a category of US immigration visas designed to help you obtain permanent residence (green card) through work. This category is reserved for people with extraordinary ability or achievements in certain fields. It is divided into three subcategories:
1. EB-1A: Individuals with Extraordinary Ability — This subcategory is for people who have achieved international recognition in the fields of science, art, education, business or sports. They must provide evidence of their achievements: international awards, publications, media recognition, etc. The advantage of this subcategory is that a job offer from an American employer is not required if the person can prove their exceptionality.
2. EB-1B: Distinguished Professors and Researchers — This subcategory is for professors or researchers who are internationally recognized for their achievements in academia. Application requires a job offer in the United States, as well as evidence of scientific publications, participation in international conferences, and contributions to academic or scientific activities.
3. EB-1C: Executives and Managers of Multinational Companies — This subcategory is for senior executives and managers working for international companies who are being transferred to the U.S. divisions of these companies. The applicant must have worked for such a company for at least one year within the last three years.
On the subject: Investment green card: lawyer revealed all the secrets of obtaining an EB-5 visa
Changes to US Gifted Visa Requirements
USCIS has now removed from its guidance on these visas the language "published materials must demonstrate the value of the individual's work and individual contributions," recognizing that some people with exceptional abilities work in teams.
It is important to recognize achievements made by visa applicants not individually, but as part of a team (e.g. a research team).
This way, USCIS will allow more immigrants to qualify for a green card, and it's also fair.
More than 40% of Nobel Prizes in science are awarded to team members. By recognizing that winning an award as part of a team is a testament to an individual’s exceptional abilities, USCIS is aligning its practices with long-established standards in the business, scientific, and artistic communities.
Another important update to the guidance is that when performing a “final merit analysis” of a visa applicant, USCIS officers can consider accomplishments that do not necessarily exactly match one of the specific EB-1 criteria. That is, if the USCIS accomplishment list does not include what you have done, but your accomplishment or contribution is significant, the immigration agent will take it into account. Previously, accomplishments that were not on the list were not considered and did not affect the visa decision. And the list was limited to academic publications and discoveries. That is, outstanding businessmen and managers had a lower chance of getting a visa than scientists.
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USCIS's previous interpretation of extraordinary ability in the EB-1 category favored people in academia over business. Now, business people have a better chance because the approach is more practical.
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