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With O-1 Visa, How Could I Qualify for EB1 Extraordinary Ability Green Card?

Hi William:

I am currently have O-1 visa and doing research in a Medical School. How could I qualify for the EB1 Extraordinary Ability Green Card application? Do I still need to prove my qualification for the EB1-Extraordinary Ability category with an I-140 petition and many support documents? 

Answer:

Many people who qualify for temporary O-1 visas as persons of extraordinary ability may not automatically qualify for the U.S. Permanent Resident in the EB1-Extraordinary Ability (EB-1A) Green Card category, even though the standards are close. It is therefore important to prepare an I-140 petition for a person of extraordinary ability according to the statutory and regulatory guidelines in order to avoid a Request for Evidence:

1) Ensure that all forms are completely filled out;

2) Clearly document in a letter from the petitioner, or from the alien if it is a self petition, how the alien applicant is qualified for this eminent category - EB1-Extraordinary Ability;

3) Ensure that the alien applicant meets at least three of the required criteria. Although meeting three of the ten criteria of EB-1A would not guarantee that the alien will qualify as an individual of extraordinary ability in the arts, sciences, education, business or athletics, if the alien applicant can not satisfy at least three of the EB-1A criteria, it may be wise to consider another green card application category. 










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