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Showing posts with label extraordinary. Show all posts
Showing posts with label extraordinary. Show all posts

Wednesday, May 18, 2011

Extraordinary

Foreign nationals with extraordinary abilities can obtain visas to come to the U.S. temporarily or legal permanent residency which allows them to remain indefinitely. The term does not refer simply to someone whose skills are above ordinary, but rather are reserved for those who make up the top echelon in their field.
The best way to prepare a case based on extraordinary skills and achievements is to narrow the field of specialty. The foreign nationals may not be extraordinary attorneys, but perhaps they are extraordinary immigration attorneys specializing in employment visas.

Wednesday, April 14, 2010

Priority Workers

     Foreigners can become Legal Permanent Residents (LPRs) based on employment under a preference system. Persons included in the first preference category, known as priority workers, obtain LPR status the fastest. This category is limited to persons of extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers. In one case, a multinational executive received residency in less than forty days after applying. Priority workers also avoid the lengthy process of Labor Certification.
     The Citizenship and Immigration Service judges very carefully whether a foreigner applies for the first preference category. Thus, the Firm’s services include gathering, organizing and editing the evidence as needed. The Firm also presents legal arguments, when needed, that a foreigner is entitled to residency under this classification.
     Unlike other foreigners, an extraordinary ability worker does not need a specific job offer to apply for residency. However, the applicant must prove that she intends to pursue work in the United States in the area of her expertise. This extraordinary ability is demonstrated by sustained national or international acclaim.
     An outstanding professor or researcher must be recognized internationally in the specific academic area. Foreigners seeking to qualify in this category must have a job offer either in a tenured or tenure-track teaching position, a position at an institute of higher education to conduct research, or a comparable position with a private employer.
     Finally, multinational executives and managers must have been employed for one year in the last three years by a foreign company which now seeks to transfer the foreigner to work for an affiliate or subsidiary in the United States. Managerial and executive capacity is specifically defined under the immigration laws.

Friday, November 6, 2009

You're ExtraOrdinary, MarvelOus

     Not as infrequently as you might think, a foreigner will come to my office asking -- directly -- for an O visa.  With a side of employment authorization, please.  The thing is that O visas are reserved for persons with EXTRAORDINARY ability in the sciences, arts, education, business or athletics.  Did you see the word EXTRAORDINARY?  Persons with a history of EXTRAORDINARY achievement in motion pictures or television can also obtain O visas to work in the U.S. in their area of expertise.
     Nevertheless, when a foreigner insists, absolutely gets down on the floor and throws a temper tantrum, about how they know they qualify as EXTRAORDINARY ability aliens, I pose a simple question:  can you get an advisory opinion from an association of your peers that says so?  In other words, I ask (with a sly smile) are your colleagues in the U.S. willing to say you are EXTRAORDINARY?
    Sometimes, the silence is so profound you can almost hear the office mascot -- a stray cat named Lady Liberty -- meowing outside.  If the answer is yes, however, O visa it is.

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