Aliens With Extraordinary Ability Summary

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Summary Description: EB-1A Applications for “Aliens with Extraordinary Ability” are reserved for foreign nationals who are nationally or internationally recognized as experts in their field. The USCIS uses a two-tier system to screen applications. Applicants who have received major, international success only need to provide limited documentation. However, all other applicants must prove their expertise and acclaim through providing a variety of supporting documentation. This includes proof of awards, publications, artistic exhibitions, active participation in organizations and major contributions in their respective field. USCIS officials now enjoy more discretionary authority in evaluating applications. They are empowered to decide if …show more content…

The USCIS Officer assigned to the case typically reviews the individual documentation against the EB-1As legal criteria. This documentation is expected to show that the petitioning alien not only is among an elite few at the top of their field, but that they also have national or international acclaim. Sub -header: USCIS Two-Tier Approach USCIS officials use a two-tier evaluation process to screen applicants. The First Tier evaluates any supporting documentation as outlined below. Once the candidates successfully satisfies the criteria of the First Tier, the assigned USCIS Officer will review the documentation to confirm if the petitioner does indeed fit the criteria of being an “Alien with Extraordinary Ability.” Sub-header: First Tier – Satisfying Documentation Requirements The first tier requires that applicants prove their extraordinary abilities through satisfying one of two different types of documentation requirements. First, the application may provide documentation of a one-time, significant international award, such as the Nobel Prize or an Olympic Medal. Then, the applicant must provide supporting documentation providing that upon entering the U.S. they will continue their work, which will benefit the U.S. In this case, the EB-1A will be approved. However, if the applicant is unable to provide the first type of documentation, there is a second …show more content…

-Proof of published work in professional or major trade publications related to their field. -Proof of participation as a judge, or member of panel, that evaluated the work of others in the same or related field. -Proof of major contributions in their field. This may include artistic, athletic, business, scientific or scholarly contributions. -Proof of financial success in the performing arts. This may include CD, DVD or box office sales. This criteria only applies to singers, musicians, movie stars and performing artists. If there are 3 or less document types submitted, the application will most likely not be approved. However, if the applicant provides documentation at least three types of documentation, the application will proceed to the next tier. Sub-HEADER: Second Tier – Final Merits Determination Once the applicant meets the documentation requirements of the First Tier, their entire application will be reviewed by the assigned USCIS Officer. The purpose of this Second Tier review is to compare the documentation of high expertise against the classification of an “Alien with Extraordinary Ability.” That is, the USCIS Officer has more discretionary authority to deny or approve the application, even if the applicant has provided three types of supporting First Tier

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