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Practice Pointers for Successful EB-1 Extraordinary Ability Petitions

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Michael J. Robinson, Associate
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Recently, the American Immigration Lawyers Association (AILA) published some “practice pointers for Successful EB-1 Extraordinary Ability Petitions at "AILA InfoNet Doc. No. 10041266 (posted Apr. 12, 2010)".

The full text can be found here

An EB-1 worker of extraordinary ability is a "priority worker" who has extraordinary ability in the sciences, arts, education, business or athletics.  The worker’s achievements must be publicly recognized and has resulted in a period of sustained national or international acclaim.  A further requirement is that the worker’s entry into the United States must substantially benefit the U.S. in the future.

The first tip for the alien worker is to “Choose your friends wisely, and your reference letter writers even more wisely.”  According to AILA, The United states Citizenship & Immigration Service tends to see co-workers, friends from school, and current or former supervisors as biased.  

Letters from esteemed professionals in the field of the alien who have not been employed or studied with the alien worker and know of the alien worker because of his/her reputation in the field of interest, the significance of his/her work in the shared field, and its importance to their work will be much more highly regarded than a letter from a former professor who talks about how the alien worker was the best post-doc fellow he ever had assist him with his work in the field.

For the attorneys representing these extraordinary alien workers means more than just drafting a three page cover letter that recites the criteria for employment authorization eligibility and the list of evidence submitted.  It is up to the attorney to clearly show that the alien worker meets the exact criteria for the visa.  The cover letter should explain IN DETAIL how the evidence submitted satisfies the requirements for specific criteria.

If you believe that you may qualify for this position, it is important to interview the attorney you select and to make sure that your attorney understands what criteria need to be proved and how to prove it.

Category: Immigration

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