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EB1和NIW的资格条件 |
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EB1和NIW的资格条件 摘自 加州大学论坛旧版 (Universities in California Bulletin Board System) chunhua 2008-03-31 17:36 Extraordinary Ability (EA) Following is a brief list of qualifications required for this category. - a one-time achievement, i.e., a major, internationally-recognized award. OR three of the following: -- receipt of lesser nationally or internationally recognized prizes, -- membership in associations which require outstanding achievements, -- published material about the you in professional publications, -- participation on a panel or individually to judge other's work, -- original scientific, scholarly, artistic, athletic, or business-related contributions, -- authorship of scholarly articles, -- display at artistic exhibitions or showcases, -- performed in a leading role for organizations or establishments, -- commanded a high salary, -- commercial successes in the performing arts. National Interest Waiver (NIW) Following is the brief list of qualifications required for "National Interest Waiver" category. You need to hold advanced degrees OR have exceptional ability. And you work would benefit the Nation in one of the following areas. --Improvement of economy or creation of jobs. --Improvement of wages and working conditions. --Improvement of education or training for children or underqualified workers. --Improvement of health care. --Research substantially exceed that of others. --Provision of affordable housing for the young, elderly or poor. --Improvement of the environment or productive use of natural resources. --Contribution of culturally unique art forms. --Request from an interested US government agency or companies. 摘自 加州大学论坛旧版 (Universities in California Bulletin Board System) chunhua 2008-03-31 17:36  我为人人,人人为我,我来发一帖! |
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2008-03-31 17:36
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thanks... 摘自 加州大学论坛旧版 (Universities in California Bulletin Board System) xiaolei6404 2009-04-19 16:56 摘自 加州大学论坛旧版 (Universities in California Bulletin Board System) xiaolei6404 2009-04-19 16:56 |
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2009-04-19 16:56
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Qualifications of EB1-A “Aliens with Extraordinary Ability “ 摘自 加州大学论坛旧版 (Universities in California Bulletin Board System) lixiao1975 2011-08-02 17:38 by Victoria Chen, Esq., J.D. 01/20/2011 Federal regulations define “extraordinary ability “ as a level of expertise indicating the individual is one of a small percentage who has risen to the very top of a particular field in the sciences, arts, education, business, and athletics. Why Apply under the Category of EB1-A? There are primarily two advantages of applying immigration benefits under the category of EB1-A. A. No Labor Certification or Employer Sponsor is Required Among the many advantages of the employment-based category EB1-A, first of all, a specific job offer is not required for a foreign person in this group, as long as the foreign person is entering the United States to continue work in the field in which he or she has extraordinary ability. So self-petition is allowed. Moreover, a labor certification not required. Obtaining a labor certification is a long and complicated process. EB1-A application therefore saves an applicant lots of time. B. Visas for EB1-A are all Current This is the benefit for all first preference employment-based categories. Immigrant visas remain immediately available for all countries in the first employment-based (EB-1) preference category. In its latest projections, the State Department has indicated that it is unlikely that there will be any cut-off dates in the EB-1 preference during the coming months. This makes substantial difference for people born in China or India. What is “Very top of the Endeavor “? “Extraordinary ability “ is defined as a level of expertise indicating that the foreign person is one of a small percentage who has risen to the very top of the field of endeavor and that the foreign person's achievements have been recognized in the field of expertise. In addition, the foreign person has sustained national or international acclaim and that the foreign person's achievements have been recognized in the field of expertise. Tips to Define to the Field of Endeavor A. Define your Field of Endeavor Narrowly With regard to the requirement that the foreign person represent a “small percentage “ who has risen to the “very of the field of endeavor “, the actual field of endeavor must be defined before determining whether the foreign person has extraordinary ability in that field. It is important to remember that if your field of endeavor is narrowly defined, it is more likely that you will have risen to the top of your field. Take one of our clients as an example. Mr. Li is a PhD student in the program of computer science, focusing his research on terahertz application. As a student, it is difficult to argue that Mr. Li has risen to the very top of the field of terahertz application given that he still needs instruction of his professor. However, Mr. Li had obtained his master's degree in integrated circuit design and accumulated quite a few papers in this field. As a result, our firm successfully defined his field as a combination of terahertz and IC design, exploring the application of terahertz with integrated circuit. Accordingly, USCIS approved Mr. Li's employment-based first preference immigrant visa as a priority worker of extraordinary ability where Mr. Li submitted evidence sufficient to demonstrate that he was among the top researchers in the field who combines the expertise of IC design and terahertz application. Had Mr. Li defined his field more broadly, such as “outstanding researcher in the field of terahertz application, “ his credibility as an expert in both fields would have been diminished. B. Take Advantage of your Previous Education Background and Working Experience Most applicants seeking immigration benefits of EB1-A have received their bachelor's or master's degrees in their own country. Many of them have substantial working experience. These are essential in defining their endeavors in the applicant's petition letter. By defining the filed narrowly and specifically, it is more convincing to argue that the applicant is one of few experts in the field and the applicant has risen to the very top of the endeavor. [COLOR=BLUE]URL：[/COLOR][url]http://www.wegreened.com/Victoria-Immigration-Blog-We-Greened-Dot-Com-20110120.html[/url][b][color=red][color=red][b]
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2011-08-02 17:38
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NIW, National Interest Waiver: What Constitutes National Interest? 摘自 加州大学论坛旧版 (Universities in California Bulletin Board System) lixiao1975 2011-08-02 17:41 by Victoria Chen, Esq., J.D. 04/02/2011 Generally, application of second preference of employment-based immigrant visa, unlike first preference, requires a specific job offer and labor certification. However, a foreign person may seek a waiver of the offer of employment by establishing that his admission to permanent residence would be in the “national interest “. What is “National Interest“ ? The Standard of Law is Unclear The Immigration Act of 1990 states that the standards for national interest waiver under the Eb-2 category are “significantly above that necessary to prove prospective national benefit “. However, the regulations provide no further explanation of what standards are necessary to qualify for a national interest waiver. In contrast to the regulatory formulations provided in other areas of employment-based immigration, in which USCIS has increasingly favored a checklist approach, the national interest area is devoid of checklists. USCIS believes it appropriate to leave the application of this test as flexible as possible although clearly an alien seeking to meet the standard must make a showing significantly above that necessary to prove “prospective national benefit. “ The burden will rest with the applicant to establish that exemption from or waiver of the job offer will be in the national interest. Each case will be judged on its own merits. Recent Trends of Approved Cases A substantial amount of case law from AAO (Administrative Appeal Office) decisions has provided guidance of some trends: A. Higher Approval Rate for Science Field Generally, a higher approval rate is found for scientific occupations and a lower approval rate for social science applications and varying results with business applications and those for aliens in the arts. B. Recommendation letters from Government Officials Helps Substantially: As suggested by the INS (now the USCIS) in its regulations, letters from government officials and agencies attesting to the national interests which will be served by the alien's permanent residence will greatly increase the chances of success in a national interest waiver case. Conclusion from Opinions and Decisions The range of cases and decisions indicates that the government requires a fairly direct benefit to the community-at-large before it will agree that a job is in the national interest. A job, for instance, that consists of basic research in attempting to find a cure for AIDS virus will satisfy this requirement. A job that results in the rescue of a company from bankruptcy and that saves dozens of other jobs will also meet the burden. Factors that have been considered in successful cases include: A. The foreign person's admission will improve the U.S. economy. B. The foreign persons' admission will improve wages and working conditions of U.S. workers. C. The foreign persons' admission will provide more affordable housing for young, aged, or poor U.S. residents. D. The foreign persons' admission will improve the U.S. environment and lead to more productive use of the national resources. E. The foreign persons' admission is requested by an interested U.S. government agency. These factors should not be considered exhaustive. For instance, cultural benefit is not listed, but it has been considered favorably for cases involving the arts. Applying these criteria, or variations involving other factors such as cultural enrichment, the Service Centers have found national interest in an array of occupations, including: corporate vice-president (in a paper-recycling company); computer programmer (of computer programs that locate disposal sites for radioactive waste); anthropology professor (specializing in the cocaine-producing region of Peru, knowledge of which is necessary to U.S. drug interdiction efforts); and mall general manager (of a new shopping mall that local government officials believed vital to local economic well-being). To conclude, it might be confusing that the law and USCIS regulations have not been specifically provide a clear definition or checklist for national interest waiver. However, it can benefit petitioners who are creative about their theories concerning national interest and are able to submit substantial evidence to satisfy the burden of proof. Chen Immigration has been helping clients come up with strategies to argue their occupations are in national interest and satisfy the burden of proof. http://www.wegreened.com ***Reproduction is welcome but source must be explicitly indicated: http://www.wegreened.com ***[b][/b][b][/b][b][/b]
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2011-08-02 17:41
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