1. What are the eligibility requirements for a green card based on extraordinary ability?
In order to qualify for a green card based on extraordinary ability, an individual must demonstrate sustained national or international acclaim in the field of science, art, education, business, or athletics. The applicant must also provide substantial evidence that they have achieved a level of expertise indicating that they are one of the small percentage of individuals who have risen to the very top of their field. An approved labor certification, or an offer of permanent employment in the United States may also be required.
2. Is it necessary to have an employer sponsor in order to apply for a green card based on extraordinary ability?
No, it is not necessary to have an employer sponsor to apply for a green card based on extraordinary ability. An individual may apply for the green card on their own if they meet the criteria for extraordinary ability and can demonstrate that they have received a major international award or recognition, or have had their work published and/or recognized in a major way.
3. Can I apply for a green card based on extraordinary ability if I am located outside of the United States?
No, you must be physically present in the United States in order to apply for a green card based on extraordinary ability.
4. How long does it take to get a green card based on extraordinary ability?
It depends on individual circumstances, but typically it takes around 6-9 months to receive a green card based on extraordinary ability.
5. What are the financial requirements for a green card based on extraordinary ability?
Generally, when applying for a green card based on extraordinary ability, you must be able to prove that you have the financial means to support yourself and any dependents while in the United States. Specific financial requirements vary depending on the type of application being submitted and the country from which the applicant is coming. Additionally, applicants are required to show that they can cover any medical costs associated with their stay in the US, and may need to show proof of assets or other forms of financial stability.
6. Is there an age limit when applying for a green card based on extraordinary ability?
No, there is no age limit when applying for a green card based on extraordinary ability.
7. Do I need to have a job offer in order to qualify for a green card based on extraordinary ability?
No, you do not need to have a job offer in order to qualify for a green card under the extraordinary ability category. You may be self-employed, or you may be able to demonstrate that your presence in the United States will substantially benefit the country.
8. How do I prove that I have extraordinary ability in order to qualify for a green card?
In order to prove that you have extraordinary ability in order to qualify for a green card, you must present evidence of sustained national or international acclaim and recognition for your achievements in your field. This evidence should include awards, memberships in professional associations, published articles, media coverage, and letters of recommendation from experts in your field. Additionally, you may need to provide proof of salary or other remuneration for services which demonstrate a high level of achievement.
9. Is there an application fee for applying for a green card based on extraordinary ability?
Yes, there is an application fee for applying for a green card based on extraordinary ability. The fee for Form I-140, which is the form that must be filed in order to apply for a green card based on extraordinary ability, is $700.
10. Are there any special benefits provided to individuals with exceptional abilities who obtain a green card?
Yes, green card holders with exceptional special abilities may be able to obtain permanent residence through the EB-1A category. This category is for individuals who have extraordinary ability in the sciences, arts, education, business, or athletics. To be eligible, the individual must present evidence of a one-time internationally recognized award or a three out of the ten criteria listed on the USCIS website. If eligible, an individual may receive a priority date and be able to apply for lawful permanent residence without an employer sponsor or labor certification.
11. Are certain nationalities more likely to be approved for a green card based on extraordinary ability than others?
The eligibility criteria for green card based on extraordinary ability is the same for all nationalities. However, the application processing time may vary depending on the nationality of the applicant.
12. Can I travel outside of the United States while my application for a green card based on extraordinary ability is pending?
It is not recommended to travel outside of the United States while your application for a green card based on extraordinary ability is pending. Immigration regulations state that it is the applicant’s responsibility to inform the U.S Citizenship and Immigration Services (USCIS) of any international travel plans prior to making the trip. In order to travel while your application for a green card based on extraordinary ability is pending, you must be granted advance parole from USCIS.
13. What is the best way to prepare my application for a green card based on extraordinary ability?
The best way to prepare an application for a green card based on extraordinary ability is to provide evidence that you have achieved a level of expertise significantly above the ordinary in your field. This includes evidence of sustained national or international acclaim and recognition, including awards or prizes, published material in professional or major trade publications, or other major media about you or tangible pieces of work you have produced; and evidence of the high salary or remuneration you have earned for your work. Additionally, you should provide letters of recommendation from experts in your field attesting to your exceptional ability.
14. Does having an advanced degree improve my chances of obtaining a green card based on extraordinary ability?
Yes, an advanced degree can improve your chances of obtaining a green card based on extraordinary ability. The U.S. Citizenship and Immigration Services (USCIS) looks favorably upon applicants who have earned advanced degrees in their field of expertise. Generally speaking, those applicants are more likely to meet the requirements of the Extraordinary Ability green card category.
15. How often is the application review process for a green card based on extraordinary ability completed?
The application review process for a green card based on extraordinary ability is typically completed within six months.
16. Are there any special considerations made for applicants with exceptional abilities who do not meet all of the standard requirements for a green card?
Yes, there are special provisions for applicants with exceptional abilities who do not meet all of the standard requirements for a green card. Such applicants may be eligible for special visas, such as EB-1a or EB-2 NIW (National Interest Waiver). These visas allow applicants to bypass certain requirements in order to qualify for permanent residence.
17. What type of evidence must I submit to prove my extraordinary ability when applying for a green card?
When applying for a green card based on extraordinary ability, you must submit evidence to demonstrate you meet the criteria in at least three of the criteria listed under 8 C.F.R. §204.5(h)(3). The evidence must include documentation of at least one of the following:
– Receipt of lesser nationally or internationally recognized prizes or awards for excellence
– Membership in associations in the field which require outstanding achievement of their members
– Published material about you in professional or major trade publications or other major media
– Evidence that you have been asked to judge the work of others, either individually or on a panel
– Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
– Authorship of scholarly articles in the field, in professional or major trade publications or other major media
– Display of your work at artistic exhibitions or showcases
– Evidence that you have performed in a leading or critical role for organizations or establishments that have a distinguished reputation
– Evidence of commercial successes in the performing arts
– Evidence that you have commanded a high salary or other significantly high remuneration for services.
18. Are there any restrictions that are associated with having a green card based on extraordinary ability?
Yes, green card holders based on extraordinary ability are subject to certain restrictions. For example, they are only eligible to work in the field of their extraordinary ability and they cannot accept employment from just any employer. Additionally, they must obtain prior approval from U.S. Citizenship and Immigration Services (USCIS) before changing jobs or employers.
19. Is it possible to be issued a temporary work permit while my application for a green card based on extraordinary ability is being processed?
Yes, it is possible to be issued a temporary work permit while your application for a green card based on extraordinary ability is being processed. However, the temporary work permit is not a guarantee that you will receive a green card.
20. Are there any risks associated with applying for a green card based on extraordinary ability?
Yes, there are risks associated with applying for a green card based on extraordinary ability. The applicant must demonstrate that they have a level of expertise significantly higher than that of others in the same field in order to qualify. This can be difficult to prove, and if the applicant is unable to convince the US Citizenship and Immigration Services of their extraordinary level of skill, then their application will be denied. Additionally, if the application is approved, the applicant will need to continue to maintain an exceptional level of skill in order to keep their green card.