Posts Tagged ‘extraordinary ability’

Not Necessary to be “First Author” for EB-1 Purposes

Jul 26, 2010 by No Comments

The Administrative Appeals Office (AAO), which handles visa and green card appeals, recently ruled that an EB-1 applicant need not be the “first author” in a scientific article to be able to use that article as evidence of extraordinary ability in his/her field. 

The EB-1 category is for foreign nationals at the top of their field as evidenced by receipt of a major national or international award (such as, a Nobel Prize) or by demonstrating three of eight qualifying criteria, one of which is authorship of scholarly articles in the field.

The Texas Service Center denied an EB-1 immigrant petition after discounting scholarly articles in which the applicant was not the “first author.”  This conclusion rendered the applicant ineligible for that particular criteria and ultimately, the applicant did not meet the minimum three criteria needed for approval.  On appeal, the AAO reversed the denial and approved the petition, stating that modern scientific research endeavors routinely involve collaborative efforts.  The AAO further stated that there is no statutory, regulatory, precedential, or evidentiary basis to conclude that the USCIS should not assign weight to collaborative scientific research. 

The applicant presented hundreds of cites to his collaborative work and also statements from research collaborators attesting to the integral role he played in the research.  The AAO found the cites to be “solid evidence that other researchers have been influenced by his work and are familiar with it.”

Please contact our San Francisco immigration law firm if you’d like to discuss pursuing an EB-1 petition based on extraordinary ability in your field.

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Do I qualify for the O-1 visa category?

Apr 30, 2010 by No Comments

The O-1 category is reserved for individuals of extraordinary ability in the arts, sciences, education, business, or athletics.  It also includes those with a demonstrated record of extraordinary achievement in the motion picture or television industry.  This category requires employer-sponsorship.  An individual may not self-petition for O-1 status.  

Extraordinary ability in the field of arts means a high level of achievement evidenced by a degree of skill and recognition substantially above that ordinarily encountered.  In other words, the individual is a person of distinction and would be described as prominent, renowned, leading or well-known.  

Extraordinary ability in the field of science, education, business, or athletics means a level of expertise indicating that the person is one of the small percentage who have arisen to the very top of the field of endeavor. 

Extraordinary achievement with respect to motion picture and television productions means a very high level of accomplishment in the motion picture or television industry.  The person must be recognized as outstanding, notable, or leading. 

The evidence required in O-1 cases is extensive.  Some examples include: evidence that the individual has received nationally or internationally recognized awards for excellence in the field; or evidence that he/she has made original contributions of major significance to the field, among other criteria.    

Please note that the field of endeavor can be defined generally (Software Engineering), or more specifically (Medieval French Literature). 

Please contact our immigration law office if you wish to discuss your eligibility for the O-1 category.

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