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Attorney_22

Self-Petitioned Green Cards

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This week, Murthy Law Firm attorneys will answer questions regarding green card categories that allow you to self-petition. 

 

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

4. Please do not provide information which would identify any specific company, university or individual.

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EB2 Category how to change the category from Extra ordinary to normal EB2, How USCIS differentiate between two , we send with extra ordinary but they converted to normal without our permission. Is that legally permission to USCIS.

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EB2 Category how to change the category from Extra ordinary to normal EB2, How USCIS differentiate between two , we send with extra ordinary but they converted to normal without our permission. Is that legally permission to USCIS.

Can you describe what occurred in more detail? Extraordinary is an EB1 petition with specific requirements. If an I-140 was filed in the extraordinary category and did not qualify USCIS would normally issue an RFE and/or denial. They would not convert it to a different category. 

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What is the eligibility criteria and only EB1-A comes under self-petitioned GCs?

To qualify under EB1(a), the foreign national must be able to show sustained national or international acclaim. The individual's achievements in the field generally must be evidenced by extensive documentation. Qualification can be demonstrated by a one-time, major international achievement, such as a Nobel Prize, or with documentation in a minimum of three categories of evidence out of the following list of ten.

  1. documentation of receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor
  2. documentation of membership in associations in the field that require outstanding achievements of their members as judged by recognized national or international experts in the field
  3. evidence of the candidate's participation, either individually or on a panel, as a judge of the work of others in the field
  4. published material about the individual in professional or major trade publications or other major media, relating to the foreign national's work in the field
  5. evidence of the foreign national's authorship of scholarly articles in the field in professional or major trade publications or other major media
  6. evidence of the foreign national's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field
  7. evidence of the display of the foreign national's work in the field of artistic exhibitions or showcases
  8. evidence of commercial successes in the performing arts, as shown by box office receipts or sales of recordings
  9. evidence that the foreign national has commanded a high salary or other significantly high remuneration for services, in relation to others in the field
  10. evidence that the foreign national has performed in a leading or critical role for organizations that have a distinguished reputation

If the ten criteria listed above do not readily apply to the applicant's occupation, the individual may submit comparable evidence to establish eligibility.

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