FACTS:
A well-known Turkish poet sought our assistance for sponsorship in the U.S. As a poet, his options for “traditional” employment-based sponsorship were limited, but his accomplishments made it clear that he had received national acclaim in his home country – achieving a level of success and notoriety that was exceptional. After reviewing his case, we decided that he likely would qualify for an “EB-1 Extraordinary Ability Alien” visa. His work had been displayed in art exhibitions, in magazines, and museums. His peers and critics gave him substantial acclaim and he was recognized as a leader in his field.
Law:
An EB-1 Application is appropriate for applicants who possess an extraordinary ability in the “sciences, arts, education, business, or athletics”. INA Sec. 203(b)(1)(A). When such an alien seeks to enter the U.S. to continue their work as an extraordinary artist, they do not need to possess a specific employer. INA Sec. 204(a)(1)(E), 8 C.F.R. Sec. 204.5(h)(1). This means that an alien seeking such classification need not have a specific offer of employment in their field.
An alien must demonstrate that they have received “sustained or international acclaim” and have been recognized in their field of expertise (poetry in this case). This acclaim and recognition need to be of a specific time frame. AFM 22.2(i)(1)(E). This acclaim can be shown through achievement of three of ten possible areas.
EB-1 Criteria (Alien must meet 3 of 10)
- Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
- Evidence of your membership in associations in the field which demand outstanding achievement of their members
- Evidence of 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
- Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
- Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
- Evidence that your work has been displayed at artistic exhibitions or showcases
- Evidence of your performance of a leading or critical role in distinguished organizations
- Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
- Evidence of your commercial successes in the performing arts
Result:
After a review of this case and exhaustive preparation, we prepared and submitted a “premium processing” application for an EB-1 Self-sponsored position with USCIS. Premium processing is available on certain applications for an additional fee ($1,410 at the time of writing). This fee allows USCIS to process certain application (list here) within 2 weeks.
Because we requested premium processing, after a little over a week, we received good news: the case was approved. The client will now enter the U.S. as a US Lawful Permanent Resident.
DISCLAIMER: All Case Results published here depend on specific facts and legal issues unique to the case. It is impossible to guarantee any results.
