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Attorney_22

Exceptional Ability: Do I Qualify?

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This week, the Murthy Law Firm attorneys will answer questions relating to Exceptional Ability, including qualifications.    

 

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 (including yourself).

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Exceptional Ability is defined as a skill set that is "significantly above" similarly employed professionals in the industry.  One of the most important parts of a successful EB-2 Exceptional Ability case is explaining the impact the beneficiary's accomplishments / achievements have had on the relevant industry. 

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Good Morning,

 

I know it is impossible for you to judge whether I would get the greencard or not, but could you please suggest me what other qualifications do I need to apply for greencard ? I have the degree of MBBS from India and MPH from USA. I am thinking of applying for the greencard in next April.

 

Here is the summary of my qualifications

 

118 neurology publications (all in high impact international journal and top rank of neurology, ) 

10 first author abstract and all presented at the international conference 

1 first author paper

30 second-third author paper/abstract

70 citations

No patent 

1 press-note 

Reviewer for 3 journals 

1 book chapter

Recommendation from top ranked neurologist in the world .

 

I am on my 3rd year of H1-B visa and just filed for 3 years extension. 

 

So, please let me know your input,

 

Thanks,

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Generally, to show the foreign national is an alien of exceptional ability in the sciences, arts, or business, the petition must be accompanied by at least three of the following:

 

·         An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;

·         Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;

·         A license to practice the profession or certification for a particular profession or occupation;

·         Evidence that the alien has commanded a salary, or other renumeration for services, which demonstrates exceptional ability;

·         Evidence of membership in professional associations; or

·         Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.

 

However, as pointed out above, to be successful the most important aspect of the documentation is to show how the individual’s exceptional ability made a significant impact. 

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Good Morning,

 

I know it is impossible for you to judge whether I would get the greencard or not, but could you please suggest me what other qualifications do I need to apply for greencard ? I have the degree of MBBS from India and MPH from USA. I am thinking of applying for the greencard in next April.

 

Here is the summary of my qualifications

 

118 neurology publications (all in high impact international journal and top rank of neurology, ) 

10 first author abstract and all presented at the international conference 

1 first author paper

30 second-third author paper/abstract

70 citations

No patent 

1 press-note 

Reviewer for 3 journals 

1 book chapter

Recommendation from top ranked neurologist in the world .

 

I am on my 3rd year of H1-B visa and just filed for 3 years extension. 

 

So, please let me know your input,

 

Thanks,

Depending on your education and whether you have an employer sponsor, an EB2 exceptional ability and possibly a National Interest Waiver may be options for you to explore but you should discuss your case with an immigration attorney. 

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Thanks,..what about EB-1 chance ?and which specific EB-1 category? My employer is going to sponsor me next year.

 

Based on the information you provided, you may have a viable EB1(a), extraordinary ability case. This category is self-sponsored (i.e. You would not need to be sponsored by a company, and although you would be expected to work in your field of expertise, you would not be tied to any particular employer.) Another option may be EB1(b), outstanding researcher/professor. The criteria for EB1(b) is a bit less stringent than EB1(a), but is employer-sponsored and the employer needs to meet some basic requirements.

 

Either way, if the case is approved, you could have your green card in-hand within less than a year of initiating the process.

 

If you are interested in pursuing an EB1 case, I'd recommend you schedule a consultation with Anna Stepanova, who is an attorney here at the Murthy Law Firm who handles a great many EB1(a), EB1(b), and NIW cases. She could conduct a more thorough evaluation of your credentials to determine which option would best for you.

 

To schedule a mutually convenient appointment time with an attorney in our office, please call 410.356.5440 between the hours of 9:00am and 8:00pm (ET). Standard rates for a twenty (20) minute in-person or telephone consultation with Ms. Stepanova are $200. If you choose to engage our services for the matter discussed within 30 days of your consultation, the full amount of your consultation fee will be credited to the final installment of your case.

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Hello, 

 

I am seeking your inputs on my eligibility for GC EB1 under 'Multinational manager or executive' category 

 

I have 12+ years of experience with my employer. I am on H1 and have been in US for the periods Jun-Nov 2013 and Jun 2014 till date. 

 

I was in Project Manager role in India since Oct 2010. 

 

As per USCIS, it needs at least one year of International managerial/executive experience in the last three years, with the same organisation who is sponsoring the GC - which I believe I do satisfy. 

 

Please share your thoughts

 

Regards

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Hello, 
 
I am seeking your inputs on my eligibility for GC EB1 under 'Multinational manager or executive' category 
 
I have 12+ years of experience with my employer. I am on H1 and have been in US for the periods Jun-Nov 2013 and Jun 2014 till date. 
 
I was in Project Manager role in India since Oct 2010. 
 
As per USCIS, it needs at least one year of International managerial/executive experience in the last three years, with the same organisation who is sponsoring the GC - which I believe I do satisfy. 
 
Please share your thoughts
 
Regards

 

This may be possible if your experience abroad was in a managerial / executive capacity supervising other professionals.  Please contact an immigration attorney to discuss your specific situation.

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