Path to US Permanent Residence for Exceptional Foreign Nationals
Posted on February 29, 2008
Extraordinary and National Interest Aliens:
The Immigration Act of 1990 provided for the first time a special expedite process for foreign nationals who are either aliens of extraordinary ability or certain aliens whose immigration is in the national interest. My office has represented hundreds of these aliens. We have found that if these cases are well documented immigration may be possible without either a job offer or the necessity of completing a labor certification process. Many professional foreign nationals, currently in the US, are unaware of this route to permanent residence or believe it to be overly burdensome. In fact, it is often the quickest route to permanent residence for well qualified applicants.
Common Elements:
It is normally possible to submit an application for a single individual simultaneously, under both categories, for an alien in the national interest and for an alien of extraordinary ability. Both petitions, in fact, require the same type of evidence.
Evidence that the alien has special qualifications above the norm, and evidence that these qualifications will prospectively benefit the U.S.. If there is a difference between the two categories, it is perhaps that the stronger focus in the national interest case is on the needs to the U.S. and the alien’s ability to satisfy these needs, whereas in the extraordinary ability case the stronger focus is on the alien’s superior qualifications.
In order to document either type of case, it is necessary to establish the superior qualifications of the alien and the need to the U.S. for an alien of such qualifications. The greater the alien’s qualifications, of course, the more obvious it becomes that the services of the alien will contribute to the U.S.
The national interest petition does not define a standard of qualifications that the alien must meet for the national interest category. However, the extraordinary ability category does contain a checklist of factors according to which the qualifications of an alien should be measured. These include the following:
Extraordinary Criteria:
The alien must provide evidence from at least three of the following:
1. Original contributions of major significance;
2. material published about the alien;
3. nationally recognized prizes, awards, or distinctions
4. evidence of service in a leading or critical role for distinguished organizations;
5. evidence of having served as a judge of the work of others;
6 high salary in comparison with others;
7. authorized scholarly articles, abstracts or presentations; and
8. membership in societies that demand outstanding achievement.
Similarly, to qualify as an advanced degree professional whose immigration is in the national interest, an alien must provide evidence that his/her work will contribute to the national interest and that he/she is well qualified to contribute to that work. Work that is considered to contribute to the national interest is usually evidenced by significant research or a number of publications in an area that can be described as “important to the national interest.” To determine if the alien is well qualified to perform the work in that national interests, reference is again made to the categories of evidence listed above.
There is a third related application, “outstanding teacher/researcher” that an alien may submit along with “extraordinary ability” which also falls in the EB-1 category but which involves formal support by an employer. It criteria are comparable but slightly less stringent than “extraordinary ability.”
Foreign nationals currently in the US or outside of the US, especially those that are researchers, physicians, business professionals and entertainers can gain legal permanent residency for themselves and their families through this route, often much quicker than through traditional labor certification.
Stephen D. Jeffries, Esq.
Stephen Jeffries & Associates
1560 Broadway, Suite 914
New York, NY 10036
Phone: (212) 764-4222
sjeffries@jeffries-law.com
http://www.jeffries-law.com
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