Immigration

Srinivasa Reddy Kandi: Green Cards for Individuals with Exceptional Talent

February, 28, 2025-05:23

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Green Cards for Individuals with Exceptional Talent:

The Employment-Based first preference category, referred to as EB-1, is designed for individuals who exhibit exceptional abilities. This includes those with extraordinary talents, distinguished researchers and educators, as well as managers and executives from multinational corporations. To be eligible for an EB-1 visa, applicants must demonstrate their status as a Person of Extraordinary Ability. This category permits immigration to the United States without the necessity of a job offer. Unlike other visa categories, it bypasses the PERM filing process, leading to quicker processing times.

Who Qualifies as a Person of Extraordinary Ability?

To qualify as a Person of Extraordinary Ability, applicants must showcase remarkable achievements in areas such as sciences, arts, education, business, or athletics, recognized at either national or international levels. Comprehensive documentation is required to substantiate these accomplishments. This classification is specifically for individuals who have attained the pinnacle of expertise and recognition in their fields.

Applicants can establish their eligibility by presenting evidence of a major achievement award (such as an Oscar, Pulitzer Prize, or Olympic Medal) or by meeting at least three of the following criteria.

Criteria for Extraordinary Ability Green Card:

Evidence of receiving nationally or internationally recognized awards for excellence
Membership in professional associations that necessitate exceptional achievements in the field
Published articles featuring the applicant in reputable professional journals or major media outlets
Serving as a judge for the work of others in the field
Notable contributions of significant importance in the sciences, arts, education, business, or athletics
Authorship of academic articles in professional journals or major media
Exhibition of work at artistic displays or showcases
Holding a leading or pivotal role in esteemed organizations
Earning a high salary or significantly elevated compensation in the field
Achieving commercial success in the performing arts

Additionally, EB-1 petitions can be submitted under the categories of Outstanding Professor or Researcher or as an Executive or Manager. To qualify as an Outstanding Professor or Researcher, one must demonstrate international recognition in a specific academic discipline, possess a minimum of three years of teaching or research experience, and have a job offer from a U.S. employer. Supporting evidence for at least two criteria must be included.

Criteria for Recognizing an Exceptional Professor or Researcher:

- Receipt of significant awards or honors for exceptional accomplishments
- Membership in professional organizations that necessitate outstanding achievements
- Publications authored by others that discuss the applicant's contributions in the academic domain
- Involvement as a judge for the work of peers in the field
- Original contributions to scientific or scholarly research within the discipline
- Authorship of academic books or articles featured in international journals

To be eligible for EB-1 classification as an Executive or Manager, the petitioner must be a U.S. employer that has been operational for a minimum of one year. Additionally, the applicant must have been employed by the same employer outside the U.S. for at least one of the last three years and must intend to continue working for that employer in a managerial or executive role.

The application procedure requires the submission of Form I-140, Petition for Alien Worker, which can be filed by either the applicant (for Extraordinary Ability) or the U.S. employer (for Outstanding Professors and Researchers, Multinational Managers, or Executives). The employer is also required to prove their capability to pay the proposed salary.

Srinivasa Reddy Kandi is an Immigration policies researcher and immigration laws analyst.
Kandi Srinivasa Reddy, Srinivasa Reddy Kandi, #KandiSrinivasaReddy, #SrinivasaReddyKandi
Disclaimer: The information presented here is general in nature and might not be applicable in any given situation. It should not be interpreted as legal advice or taken for granted that it is always current.