Many people are eligible to migrate to the United States by following some simple processes to obtain their immigrant visa without going through the hassle of searching for a capable sponsor who might exploit them for years before releasing them from a stiff contract of employment. Some even go to the extent of migrating to the United States through the back door by disguising their intention as a non-immigrant, only to get into the States and take a somersault by refusing to depart from the country upon the expiration of their stay and desperately looking for means to gain a legal status. Sometimes by engaging in fraudulent marriages to gain status or seeking for asylum. The good news is that there are lots of ways to migrate to the United States without much ado. One of the ways is through the EB1 Visa which can be self petitioned by the intending immigrant without any potential sponsor by filing Form I-140 yourself.
Eligibility for EB1, employment-based first preference visa is not a herculean task. You may be eligible for the visa if you have extraordinary ability which are listed in this article. Extraordinary ability does not mean you must attain a godlike status to qualify. Extraordinary ability simple mean you meet certain criteria the government of United States believe is sufficient to allow you migrate to the country to add value to the country. Therefore, if you have outstanding ability in the field of sciences, arts, or sports, you may qualify under the extraordinary ability category of alien work visa-EB1 and file Form I-140 without any sponsorship.
Extraordinary Ability Category
Under this category, you must be able to demonstrate extraordinary ability in any of the field of sciences, arts, or sports (athletics) which is nationally or internationally recognized. It must be noted that the qualifying ability, as it regard national standard, is judged by the standard of the immigrant country and there are no discrimination among countries for the purpose of extraordinary ability neither is any country judged by the standard of another country. A person who is well recognized in a third world country may not be so recognized in a first world country but he is ranked equally with an applicant from a more sophisticated country because the standard for judging their qualification is relative to each country and there is no universal standard.
Evidence and Criteria for Demonstrating Extraordinary Ability
You are required to provide either a one-time achievement of an international recognition e.g. Grammy Award, Oscar, Pulitzer, Olympic Medals, international medals, belts or trophies of an internationally sanctioned body, event or organization. Alternatively, you can provide just 3 out of the 10 criteria of lesser achievements listed below. In addition, you must show that you will continue to be working in your area of expertise upon migrating to the United States. Take note that no offer of employment or labor certification is required for this category. Therefore, the petitioner can self-sponsor.
10 Criteria for Demonstrating Extraordinary Ability
It is note worthy that comparable proof is admissible to satisfy any of the 10 criteria listed below if any of the criteria is not available. Only 3 of the 10 listed proof or comparable proof is required:
- Proof of receipt of lesser nationally or internationally recognized prizes or awards for excellence
- Proof of your membership in associations in the field which demand outstanding achievement of their members
- Proof of published material about you in professional or major trade publications or other major media
- Proof that you have been asked to judge the work of others, either individually or on a panel
- Proof of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
- Proof of your authorship of scholarly articles in professional or major trade publications or other major media
- Proof that your work has been displayed at artistic exhibitions or showcases
- Proof of your performance of a leading or critical role in distinguished organizations
- Proof that you command a high salary or other significantly high remuneration in relation to others in the field
- Proof of your commercial successes in the performing arts
Who can Migrate with You?
Upon approval of your petition, your spouse and unmarried children under the age of 21 can migrate with you under the United States E-14 and E-15 immigration status by filing Form I-485. However, you can still bring your married children and adults family members to the United States through means which will be discussed in another article.
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