The American Dream Is Within Your Reach

Are you a foreign national who has dreamed about working in the U.S. either temporarily or permanently as a medical professional?

Are you an individual who is recognized nationally or internationally as a pioneer or a leader in your medical specialty?

You may be qualified for either an O-1 Non-immigrant Visa  and/or  an  Immigrant Visa under the EB-1 classification of “Alien of Extraordinary Ability in the Sciences”.

The key distinction between a nonimmigrant versus an immigrant visa is that a nonimmigrant visa permits the holder to “temporarily” live and/or work in the U.S. depending on the category whereas an “immigrant visa” permits the holder to live and work in the U.S.  as a “permanent lawful resident”- also known as a “green card.”

 

Nonimmigrant Visa: O-1- Alien with Extraordinary Ability in the Sciences

  • Requires a U.S. employer or agent to petition for or sponsor the foreign national.
  • Eligibility criteria:

-Evidence of Extraordinary Ability in the Sciences:

(A) Receipt of a major, intentionally recognized award, such as a Nobel Peace Prize; or

(B) At least three of the following:

  1. Receipt of nationally or internationally recognized prizes or awards;

 

  1. Documentation of membership of members in association in the field that requires outstanding achievement of members, as judged by recognized national or international experts in the field of discipline;

 

  1. Published material about the alien in major media relating to the work in the field for which the classification is sought.

 

  1. Evidence that the alien participated either individually or on a panel, as a judge of the work of others in the same field;

 

  1. Evidence of the alien’s original scholarly work or contribution of major significance in the field.

 

  1. Published material by the alien or related to the alien’s work in major trade publications our major media.

 

  1. Evidence that the alien has received a high salary or compensation as related to others in the field.

 

  1. Evidence that the alien has performed in a leading or critical role for the organizations or establishments that have a distinguished reputation.

 

Benefits:

  • Family Members qualify for O-3 visa.
  • O-1 visa is issued for a maximum of 3 years but there is no overall limit on O-1 visa renewals.
  • Allows for “dual intent” which means that an O-1 visa holder and their family members may seek permanency residency while in O-1 status without jeopardizing their nonimmigrant status.

 

EB-1 Immigrant Visa-Alien of Extraordinary in the Sciences

  • No Job Offer or Labor Certification Required.
  • However, must demonstrate evidence that the individual will continue to work in the United States in his or her area of expertise.

 

Eligibility criteria:

-Evidence of Extraordinary Ability in the Sciences:

(A) Receipt of a major, intentionally recognized award, such as a Nobel Peace Prize; or

(B) At least three of the following:

  1. Receipt of nationally or internationally recognized prizes or awards;

 

  1. Documentation of membership of members in association in the field that requires outstanding achievement of members, as judged by recognized national or international experts in the field of discipline;

 

  1. Published material about the alien in major media relating to the work in the field for which the classification is sought.

 

  1. Evidence that the alien participated either individually or on a panel, as a judge of the work of others in the same field;

 

  1. Evidence of the alien’s original scholarly work or contribution of major significance in the field.

 

  1. Published material by the alien or related to the alien’s work in major trade publications our major media.

 

  1. Evidence that the alien has received a high salary or compensation as related to others in the field.

 

  1. Evidence that the alien has performed in a leading or critical role for the organizations or establishments that have a distinguished reputation.

 

Benefits:

  • Family members will also be eligible for lawful permanent resident status upon approval of the primary applicant’s immigrant visa petition.
  • Primary applicant and family are eligible to apply for U.S. citizenship within 5 years of becoming U.S. permanent residents.

It is of paramount importance to use the services of an experienced immigration attorney to assist in identifying the critical supporting evidence to establish “Extraordinary Ability” and to properly organize and present such evidence in a logical and comprehensive matter to the Immigration Adjudicator.

Contact us today for additional information or to schedule a consultation with Immigration Attorney Michelangelo Croce and the Law Firm of Croce & Associates to determine your eligibility for either the O-1, Nonimmigrant Visa or the EB-1- Immigrant Visa.

 

 

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