U.S. immigration law emphasizes that foreign nationals with extraordinary ability who immigrate to the United States must"bring substantial benefits to the United States". The U.S. Citizenship and Immigration Services (USCIS) interprets the practical significance of this requirement as Congress's intent that foreign nationals with extraordinary ability should not remain idle after immigrating to the United States, but rather continue to utilize their talents. This is the requirement set by U.S. immigration law for the immigration of extraordinary ability individuals to the United States. So, what exactly is the process for extraordinary ability immigration to the United States??
According to Section 203(b)(1)(A) of the Immigration & Nationality Act, foreign nationals with extraordinary ability may obtain an immigrant visa under the following circumstances:
1)The individual has extraordinary ability in the sciences, arts, education, business, or athletics, which has been consistently recognized nationally or internationally, and whose achievements can be documented by extensive evidence;;
2)The individual seeks to enter the United States to continue work in the area of extraordinary ability;;
3)The individual's entry into the United States will substantially benefit prospectively the United States.
---Sufficiently high national recognition
Immigration law considers the applicant's extraordinary ability to be"consistently recognized nationally or internationally". However, a recent important decision by a federal court indicates that foreign nationals with extraordinary ability do not necessarily need to have a high level of international reputation.
When applying for an extraordinary ability immigrant visa to the U.S. immigration authorities, the most important aspect is to use documentation to prove that the applicant possesses extraordinary ability. U.S. immigration law stipulates that those who have not received a major international award must provide at least three of the following types of evidence:
* Documentation of the applicant's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;;
* Documentation of the applicant's membership in associations in the field which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines;;
* Published material about the applicant in professional or major trade publications or other major media relating to the applicant's work in the field (reports must include the title, date, and author, and should be translated if necessary);
* Evidence of the applicant's participation, either on a panel or individually, as a judge of the work of others in the same or an allied field of specification for which classification is sought;;
* Evidence of the applicant's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;;
* Evidence of the applicant's authorship of scholarly articles in the field, in professional journals, or other major media;;
* Evidence of the display of the applicant's work in the field at artistic exhibitions or showcases in more than one country;;
* Evidence that the applicant has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;;
* Evidence that the applicant has commanded a high salary or other significantly high remuneration for services, in relation to others in the field;;
* Evidence of commercial successes in the performing arts, as shown by box office receipts, or record, cassette, compact disk, or video sales. Although the immigration authorities only require applicants to provide any three of the ten types of evidence listed, immigration lawyers will undoubtedly evaluate the quality of the materials submitted by clients to avoid giving immigration officers any pretext for denial.
Materials considered to have no value in the eyes of lawyers and immigration officers include::
* Books self-published by the applicant;;
* Footnotes that mention the applicant's work without providing any evaluation;;
* Lists of book titles that are mentioned in passing;;
* Neutral reviews.
Materials that can serve as strong evidence include:
* Reviews of the applicant's work by peers at symposiums;;
* Reviews of the applicant's work by peers in academic journals;;
* Recommendation letters from scholars describing the applicant's contributions to the academic field;;
* The applicant's work being cited as authoritative in reference directories;;
* Serving as a reviewer for peer-reviewed academic monographs;;
* Academic papers (especially doctoral dissertations).
--Continue to engage in the field of expertise.
The new immigration law clearly states: foreign nationals with extraordinary ability must continue to engage in their field of expertise after arriving in the United States.
