Obtain Multiple Reference Letters for EB1 Extraordinary Ability (EB-1A) Application

Obtain Multiple Reference Letters for EB1 Extraordinary Ability (EB-1A) Application Many EB1 Extraordinary Ability application include letters of reference. Certain testimonials written by other experts working in the alien applicant’s field may be submitted as evidence. But the letters of reference should not be the cornerstone of a successful application of EB1 Extraordinary Ability. Be sure to include letters from experts in the field who have not collaborated directly with the alien beneficiary, or from "independent experts" in the field. However, it undermines the claim to an international reputation when the peer reference did not previously know the beneficiary, but is writing the letter simply after reviewing his or her resume and publications. Therefore, a combination of letters from collaborators and mentors who describe the beneficiary’s reputation in the field, along with a few other letters from independent references who know the beneficiary’s work via their conference presentations or publications, is the best recipe for success. According to USCIS, the reference letter should come from independent and well-recognized expert, based upon his/her review of the documents that are submitted with the EB1 Extraordinary Ability petition. By "independent", the USCIS means an expert with whom the alien applicant has not worked before - not an employer, colleague, advisor, or client. By "well-recognized", the USCIS means a well-credentialed expert with lengthy experience in the field of endeavor. The experience should include an advanced degree, more than ten years of experience in the field, a lengthy publication and presentation record. www.greencardapply.com/ea/extraordinaryability-referenceletters.htm www.greencardapply.com/ea.htm

How to Find a Medical Doctor for the Form I-485 Medical Examination?

How to Find a Medical Doctor for the Form I-485 Medical Examination? Question: After the EB1 Extraordinary Ability approval by using your EB-1A DIY package, I need to file Form I-485 application to get my Green Card. Please let me know how to find a medical doctor for the I-485 medical examination? Answer: When an alien immigrant applys for Green Card by using Form I-485 for adjustment of status, the alien applicant should have a medical examination. The medical examination can be done by a medical doctor who is authorized by U.S. Citizenship and Immigration Services (USCIS). The authorized medical doctors are called also civil surgeons. The U.S. Citizenship and Immigration Services has launched an improved online application, called "Find a Doctor" (https://my.uscis.gov/findadoctor), to assist applicants for U.S. permanent residence (Green Card) find doctors authorized to provide the medical examination required for Form I-485 applications for adjustment of status. The website also provides useful information regarding the medical examination process in the immigration context. Many I-485 applicants need to undergo a medical exam performed by a USCIS authorized civil surgeon. Upon completion of the exam, the medical doctor will complete the report of medical examination and vaccination record (Form I-693), places it in a sealed envelope, and provides it to the alien applicant. This sealed envelope must accompany the Form I-485. The USCIS also now issues Requests For Evidence (RFEs) on long-pending I-485s to ask for updated medical examinations. The "Find a Doctor" web tool provides the names and contact information for authorized civil surgeons in the area based on the address or zip code provided by the individual. It also lists what documents applicants should bring to their respective appointments and briefly explains the medical tests conducted during the exams. http://www.greencardapply.com/question/question15/I485-Medical-Exam_051815.htm http://www.greencardapply.com/i485.htm

Unauthorized Employment and Form I-485 Application for U.S. Green Card

Unauthorized Employment and Form I-485 Application for U.S. Green Card Question: My Form I-140 application based on the EB1-Outstanding Researcher (EB-1B) was approved 6 months ago by USCIS. Thereafter, I filed the Form I-485 application and EAD (Work Permit) for adjusting my status for U.S. Green Card. But then, I was laid off by my employer due to the company's business problem, and found a work in a small company with a lower pay. There is a gap between my approved EAD and the new employment, do you think it will be a problem for my Form I-485 approval with USCIS? Answer: For the impact of the unauthorized employment during the EAD gap on the pending Form I-485 application, the I-485 applicants should keep in mind two points. First, 245(k) provision makes I-485 applicants still eligible for I-485 approval, if since last admission to the U.S. before filing of I-485 application, and they should have accumulated an aggregate of less than 180 days of unlawful stay or unauthorized employment, during the period either before or after filing of I-485 application. As a USCIS rule, a foreign national is barred from adjustment of status (Form I-485 application) for certain immigration-related violations. The alien applicants who are not in lawful immigration status on the date of filing the Form I-485, or who have failed to maintain lawful immigration status since entry into the U.S., generally are not eligible to file the Form I-485 and obtain approval. The rule is true of those who violate the terms and conditions of their admission inthe United States. The alien applicants who engage in unauthorized employment are also ineligible to file or obtain approval of the I-485. However, Section 245(k) provides a helpful exception to these general rules for those who may have violated their respective statuses for a limited period. In calculating 180 days, they should aggregate both the days of unlawful stays and the days of unauthorized employment. Consequently, even if the unauthorized employment has lasted less than 180 days, the alien can be ineligible for I-485 application approval, if the total period of unlawful stay AND unauthorized employment add up to 180 days or longer. http://www.greencardapply.com/question/question15/I485-245K-Provision_053015.htm http://www.greencardapply.com/i485.htm

The Difference Between the EB2 NIW and the EB1 Extraordinary Ability Application

The Difference Between the EB2 NIW and the EB1 Extraordinary Ability Application Question: I want to know the difference between the EB2 National Interest Waiver (EB2 NIW) application and the EB1 Extraordinary Ability (EB-1A) application. What are the advantages of one over the other? Answer: The EB2 National Interest Waiver (NIW) and all EB1 immigrant categories (EB1 Extraordinary Ability, EB1 Outstanding Researcher and Professor, and EB1 Multinational Executive or Manager) do not not require Labor Certification. For the EB2 Exceptional Ability category (not EB2 NIW), the U.S. employer can submit the Form I-140 petition only after obtaining the Labor Certification from U.S. Department of Labor. The EB1 Extraordinary Ability and EB2 NIW immigrant categories can be self-petitioned, so the foreign aliens do not even need an job offer of employment and the U.S. employer's sponsorship. But for EB2 Outstanding Researcher and Professor petition, an applicant needs a job offer and U.S. employer's sponsorship. The scope for EB2 NIW petition does not have to be very narrow. An alien applicant can submit both EB1 NIW and EB-1A petitions at the some time to increase the approval chance, if the alien applicant can meet the qualification requirements. If an alien applicant is from a visa retrogressed countries, such as India or China, then EB1 category is more desirable route than NIW, becuse the waiting time for filing Form I-485 form is much shorter. http://www.greencardapply.com/question/question15/EB2-NIW-Advantages_051715.htm http://www.greencardapply.com/niw.htm

The Alien Applicant Should Meet the Three-Prong Test for EB2 National Interest Waiver Petition

The Alien Applicant Should Meet the Three-Prong Test for EB2 National Interest Waiver Petition As the USCIS adopted AAO decision for EB2 National Interest Waiver petition, the standard for the National Interest Waiver can be broken down into 3 prongs: 1) The alien must seek employment in an area of substantial intrinsic merit: This prong for a EB2 National Interest Waiver application is applicable to many areas. To demonstrate that the alien applicant’s work is important, the petitioner should be able to clearly explain the benefits of the alien applicant's work. Most scientific and engineering disciplines can directly benefit society and people's life, and the reference letters and other supporting evidence should indicate the ways in which the alien applicant’s work benefits the society. In the case of New York State Department of Transportation's NIW petition, the USCIS indicated that the construction of bridges inside New York State is in an area with substantial intrinsic merit. 2) The proposed benefit must be national in scope: After the petitioner showing that the alien applicant works in an area of substantial intrinsic merit, the petitioner needs to prove that the alien's work can benefit the nation in scope. As in the case of New York State Department of Transportation's NIW petition, the alien applicant can involve in projects that affect the nation as a whole indirectly, such as working on roads and bridges in a specific area (inside New York State only). According to USCIS, while the alien's work does not directly impact the nation as a whole, it represents technological progress that may be used in other parts of the United States. Also, this prong requires the benefits with national importance should not be contrary to any part of the nation, or the benefit for one area should not deprive the another area. Therefore, the petitioner can argue that the alien applicant's proposed benefits are national in scope, if an area of work has substantial intrinsic merit, and also has no contrary to the interests of other parts of the United States. 3) The national interest would be adversely affected if a labor certification were required for the alien: This is the difficult requirement to demonstrate in an EB2 National Interest Waiver petition, and the petitioner needs to prove that the alien applicant is capable of performing at a substantially higher level than a minimally qualified U.S. worker. This is a subjective standard that requires skilful argument and appropriately worded recommendation letters and reference letters. http://www.greencardapply.com/ http://www.greencardapply.com/niw/niw-process.htm

Extraordinary Ability Application Process

Extraordinary Ability Application Process - the "Two-Part Evaluation" for EB1 Aliens of Extraordinary Ability The initial evidence must include either evidence of a one-time achievement (i.e., a major international recognized award, such as the Nobel Prize), or at least three of the ten types of evidence. USCIS adjudicator must use a two-part analysis to determine eligibility First, the adjudicator must determine if the applicant has, by a preponderance of the evidence, met at least three of the criteria, and then the adjudicator should consider all of the evidence in totality in making the final merits determination. To evaluate whether the evidence provided meets at least three criteria, USCIS adjudicator must determine whether the application is supported by evidence of a one-time achievement (that is, a major, internationally recognized award). If it is not, then they must make a determination that is limited to whether the evidence submitted in the application meets at least three criteria as discussed above. Meeting the minimum requirement of providing evidence relating to at least three criteria does not, in itself, establish that the alien in fact meets the requirements for classification as an Alien of Extraordinary Ability. In making this determination, the quality of the evidence, such as whether the judging responsibilities were internal and whether the scholarly articles (if pertinent to the occupation) are cited, is an appropriate consideration in the final merits determination. In addition, the performance of the alien applicant at the so-called major-league level does not automatically establish that he or she meets the extraordinary ability standards. Also, U.S. Congress intended that in the absence of a one-time achievement, an alien could qualify for the classification based on a career of acclaimed work. www.greencardapply.com/ea/extraordinary-ability-evaluation.htm www.greencardapply.com/ea.htm