US Special Talent Immigrants
"Alien of Extraordinary Ability" (EB-1A), also known as "special skill talent", refers to "one of the few top people with outstanding professional ability in its field". According to the Immigration Law, applicants who wish to immigrate to the United States through the "Outstanding Talent" clause must prove that they also meet the following conditions:
(1) Applicants have special skills in the fields of science, art, education, business or sports; are widely recognized; have made high achievements; enjoy national or international reputation and achievements and their achievements and contributions have reached the peak in this field . The applicant is considered one of the outstanding figures in the field.
(2) Once the applicant obtains a green card through the "Outstanding Talent" clause, he will continue to work in his field in the United States (intentionally continuing to work in this field in the United States);
(3) The applicant's work will bring great benefits to the related development of American society.
Advantages of EB-1A project:
1. Short cycle and low cost;
2. No need to find an employer, no age and education restrictions;
3. The whole family (self, spouse and children under the age of 21) can apply for a green card;
4. Go directly to the United States to enjoy the rights of permanent residents
5. Enjoy free public services;
6. Children can enter American public schools for free and enjoy the same education as American children.
Main criteria for EB-1A outstanding talents:
1. The applicant has won one or more major internationally renowned awards;
Generally speaking, Nobel Prizes, Oscars, Olympic medals or trophies, or major international inventions and creations belong to the category of major internationally renowned awards.
2. The immigration law also provides a relatively loose measurement standard to determine whether an applicant is an "outstanding talent." Applicants only need to prove that they meet any three of the following ten criteria in the immigration law to apply for "outstanding talent" immigration.
·"National or International Awards"
·Membership of professional associations
·Professional publications, major commercial publications or media published reports on applicants and related work;
· Serve as a judge as an individual or as a member of the judging committee to evaluate and appraise works in his professional field;
·In his field, he has made important contributions with originality and originality in academic research or art;
·Publish professional works, such as academic papers, books, academic articles, etc., in journals and journals in the professional field;
·Holding works exhibitions or other exhibition activities at national or relatively influential art exhibitions;
Serving as a major leader or other important position in an important professional organization, institution or group;
·In related fields, the salary, remuneration or treatment of the applicant is much higher than that of other peers;
· Obtain commercial success in performance and art;
In addition to proving that they belong to an "outstanding talent", the applicant must also meet the other two conditions stipulated by the immigration law to be able to obtain a "outstanding talent" green card. First, the applicant will receive the "outstanding talent" green card. Continue to work in his field in the United States; second, his work will bring real benefits to the United States.
All immigration applications for "outstanding talents" do not need to apply for a labor certificate, nor do they need to obtain employer support and permanent work commitments. Therefore, as long as they meet the criteria of "outstanding talent", the applicant can submit an immigration application by himself. Regardless of whether the applicant is in the United States, China or other countries, he only needs to be able to prove that he will continue to work in related fields after entering the United States, such as having a letter from the prospective employer, a specific future work plan or other relevant evidence, then he can submit an "Outstanding Talent" "Immigration application. At the same time, the applicant can change jobs at will after submitting the "outstanding talent" immigration application, as long as the new job is in the professional field of the application. In addition, while waiting for the "exceptional talent" green card to be approved, the applicant can also submit other types of immigration applications, such as EB-2 national interest exemption.
EB-1A application steps:
first step:
The lawyer submits I-140 Petition (the preparation time is 1-3 months);
USCIS (Immigration Service Processing Time): 4-6 months
If you apply for Premium Process (you need to pay US$1225 to the Immigration Bureau, you can get the answer within 15 days)
If you have not received the RFE (Supplementary Materials) from the Immigration Bureau, proceed to the next stage.
If there is an Immigration RFE, you need to ask a lawyer to complete the response to the Immigration RFE.
The second step:
File I-485 in the U.S. or consular processing procedures in China;
USCIS (Immigration Service Processing Time)/Consulate Procedure: 4-12 months;
Obtain a green card.