Immigrant Choice of American High-end Talents

I. Special talents (Eb- 1A)

The "special talents" (Eb- 1A) in the first priority of professional immigration can be said to be the choice of p

Immigrant Choice of American High-end Talents

I. Special talents (Eb- 1A)

The "special talents" (Eb- 1A) in the first priority of professional immigration can be said to be the choice of professional immigration application. There are three reasons for this:

First, Eb- 1A is rarely affected by the scheduling of professional immigrants. At present, for applicants born in Chinese mainland, only the first priority (Eb- 1) has enough places among the top three priorities for professional immigration. Both the second priority and the third priority need waiting places. Although professional immigration applicants can still submit I- 140 applications without quotas, after I- 140 is approved, they need to wait until there are quotas before submitting I-485. In this case, Eb- 1A has outstanding advantages. Because Eb- 1A is currently available, the applicant can submit I-485 at the same time as I- 140, or I-485 immediately after I- 140 is approved. Once I-485 was approved, the green card application process was successfully completed. Therefore, in the case that the second and third types of professional immigrants have a long schedule, choosing Eb- 1A can greatly shorten the time for applying for a green card.

Second, Eb- 1A does not need the support of American employers and is completely independent of employers. Compared with the other two options in the first priority (Eb- 1B and Eb- 1C), not being restricted by employers is another big advantage of EB-1a. Applicants can change employers at any time before and after submitting Eb- 1A application or before and after the application is approved. In some cases, applicants do not even need to have a job in the United States to apply for EB-1A. Relevant laws require Eb- 1A applicants to continue to work in this field after the green card is approved, but Eb- 1A applicants are not required to work in this field when applying. Therefore, the law only requires Eb- 1A applicants to prove their "intention" to continue working in this field at the time of application. However, many Eb- 1A applicants who are interested in continuing to work in this field in the United States but have not found a job in the United States have also applied for green cards.

Third, Eb- 1A does not need to apply for a perm. The second priority (except NIW) and the third priority in professional immigration applications need to go through the work permit application procedures. The first step is to apply for a work permit from the US Department of Labor (DOL). After the work permit is passed, enter the second step and apply for I- 140. Wait until the priority date of the green card quota arrives, and then enter the third step to apply for I-485. In contrast, EB- 1A directly applied for I- 140 without applying for a work permit. This not only simplifies the application process, shortens the application time and reduces the application fee, but also greatly reduces the uncertainties in the immigration application.

Although Eb- 1A has the above advantages and is the best policy in applying for professional immigration, not everyone is suitable for applying for EB-1a. Legally speaking, only "special talents" with outstanding performance in this field are eligible to apply for EB-1a. Therefore, applicants must do what they can according to their actual situation. So, how can the applicant prove that he meets the legal requirements of Eb- 1A? To sum up, EB- 1A requires applicants to meet at least three of the following ten items:

(1) The applicant has won an international award or a national first prize;

(2) Being a member of an academic group;

(3) There are comments or reports on the applicant and his works in professional magazines and newspapers;

(4) judging in the competition;

(5) Having made unique contributions in this field;

(6) publishing works in professional magazines and newspapers;

(seven) to participate in international performances or exhibitions;

(8) The applicant plays a leading role in his field;

(9) The income is higher than that of peers;

(10) has achieved great success in business.

According to the legal requirements, applicants must provide at least three pieces of evidence in the above ten items to prove that they have reached the top level in this field. When hearing Eb- 1A, the Immigration Bureau should not only look at whether the applicant meets at least three conditions, but also look at the strength of the evidence provided under each condition. Especially for professional evidence and evidence from outside the United States, applicants must provide detailed documents so that immigration officials can understand the legal significance of these evidences.

To sum up, compared with other types of professional immigration applications, Eb- 1A has the advantages of short application time, few application links and no restrictions from American employers. For qualified applicants, choosing Eb- 1A is the best policy for professional immigration application.

Second, the national interest immunity (NIW)

National interest exemption (NIW) is the second priority for professional immigrants (Eb-2). However, compared with the second priority general professional immigrants, NIW has great advantages. In a word, NIW has three advantages:

First of all, NIW does not need the support of American employers. This can be said to be an exception to the second priority of professional immigrants, because the second priority needs the support of American employers other than NIW. In fact, only two of the first two priority categories of professional immigration applications do not require the support of American employers. One is the "special talents" in the first priority discussed above (EB-1a); The second is the second priority in "National Interest Exemption" (NIW), which is discussed in this paper. If the application for immigration does not require the support of American employers, the applicant is accordingly not restricted by American employers. The applicant can change his employer at any time before or after submitting the NIW application, or before or after the application is approved. Applicants can change from school to company, from company to school, or work in government laboratories. As long as the applicant continues to work in his own professional field, changing the employer itself will not affect the application or approval of NIW. This advantage of NIW undoubtedly provides more choices and freedom for the applicant's career development.

Second, NIW does not need to apply for a perm. This can be said to be another exception to the second priority of professional immigrants. In addition to NIW, the second priority is to apply for professional immigration through the application process of work permit. In other words, in addition to NIW, the application of the second priority professional immigrants needs three steps: the first step is to apply for a work permit from the US Department of Labor (DOL). After the work permit is passed, enter the second step and apply for I- 140. After the prioritydate of the green card quota is arranged, the third step is to apply for I-485. In contrast, NIW does not need to apply for a work permit, but directly applies for I- 140. Therefore, it only takes two steps to apply for a green card through NIW: the first step is to apply for NIWI-140; The second step is to apply for I-485 identity adjustment. If the number of priority green cards in the second category is sufficient, the applicant can take one step in two steps and submit I- 140 and I-485 applications at the same time. However, at present, the number of second priority places is insufficient, so applicants can only take two steps. First, they should submit the I- 140NIW application, and then submit the I-485 application after the priority date of I- 140.

Third, the NIW law requires relaxation, and many applicants who do not meet Eb- 1A meet the application conditions of NIW. Eb- 1A is ideal, but the number of people who meet the requirements of applying for Eb- 1A is limited. In contrast, NIW is suitable for more researchers to apply. Specifically, most researchers have doctoral or master's degrees, and they meet the basic conditions for applying for NIW after making certain achievements in their work. From the legal requirements, if Eb- 1A is a category suitable for a few elites to apply, then NIW is a category suitable for the majority of researchers to apply. In other words, if Eb- 1A provides a shortcut for those who have made outstanding achievements in their own fields to apply for green cards, then NIW opens the door for those who have just begun to show their talents in their own fields.

These are the three advantages of NIW application. It can be seen that NIW can not only be compared with EB- 1A in application freedom, but also has advantages in application scope that Eb- 1A does not have. However, the reason why we didn't classify NIW as a professional immigration application is because NIW lacks another advantage of Eb- 1A: it doesn't have to wait for the green card to be scheduled. Specifically, NIW is the second priority, followed by the green card quota. Because there are more people who meet the second priority than those who meet the first priority, there will be a shortage of the second priority when the number of green cards is limited. In the absence of the second priority places, even if the I- 140 of the NIW applicant has been approved, the I-485 application cannot be submitted. This is the fly in the ointment of NIW application.

Although it takes time to apply for a green card through NIW, NIW is a feasible choice for many researchers to apply for immigration. Especially for those applicants who do not meet EB- 1A conditions, NIW is the second best choice. At the same time, NIW is a reliable backup choice for those applicants who basically meet the requirements of Eb- 1A application, but the evidence in EB- 1A is not very strong. In this case, the applicant can submit Eb- 1A and NIW applications at the same time. Even if EB- 1A is unfortunately rejected, it can still be approved by NIW to add an insurance for immigration applications.

3. Distinguished professor or researcher (Eb- 1B)

Excellent professors or researchers (Eb- 1B) are the first priority for professional immigrants (Eb- 1). Compared with the above-mentioned "special talents" (Eb- 1A) and "national interest exemption" (NIW), Eb- 1B is limited by American employers and jobs. Therefore, although Eb- 1B has some advantages of EB- 1A and NIW, it lacks the advantages of these two types that are not restricted by American employers.

Look at the advantages of Eb- 1B first.

One of the advantages is that EB- 1B has lower requirements for the applicant's own academic qualifications than EB-1a. This means that researchers who do not meet the requirements of EB- 1A may meet the requirements of EB-1b. For example, EB- 1A requires beneficiaries to meet at least three of the ten listed conditions. Eb- 1B only requires beneficiaries to meet two of the six listed conditions. These six conditions are:

1. Won national or international awards;

2. Being elected as a member of a high-standard professional association;

3. The results have been reported by professional media;

4. Have great ideas in the professional field;

5. Published professional papers;

6. Have judged the work of peers.

For many researchers, if a paper has been published, at least two basic requirements of Eb- 1B will be met. After meeting the basic requirements, the immigration bureau also depends on the strength of the evidence provided by the beneficiary. However, in most cases, when the Immigration Bureau hears Eb- 1B, the requirements for the beneficiary's academic qualifications will be more relaxed. Judging from the legal requirements and the actual trial standards of the Immigration Bureau, the approval difficulty of Eb- 1B can be said to be between Eb- 1A and NIW.

Second, Eb- 1B, like Eb- 1A, is rarely affected by the scheduling of professional immigrants. This advantage is more prominent in the current situation of two-level priority and three-level priority scheduling. Beneficiaries can submit I- 140Eb- 1B and I-485 at the same time, which can greatly shorten the time for obtaining a green card. The advantages of the first priority (Eb- 1) have been mentioned before, so I won't repeat them here.

Third, like Eb- 1A and NIW, Eb- 1B does not need to apply for a perm. American employers can directly apply for I- 140 of qualified foreign researchers or professors. This advantage simplifies the application process, shortens the application time, reduces the application fee, and greatly reduces the uncertainties in the immigration application.

Look at the shortcomings of EB-1B. Compared with Eb- 1A and NIW, Eb- 1B lacks flexibility. This is reflected in the many rigid requirements of the law on Eb- 1B conditions. Here, we only list the three most obvious shortcomings.