Stephen M. Perlitsh P.C.
49 West 45th Street, Floor 6
New York, NY 10036
Phone:
Fax:
Email: stephen@perlitsh.com
Employment
First Preference
The first employment-based
preference category is available to individuals of extraordinary ability in the
sciences, arts, education, business, or athletics. This memo will be geared solely to
achievement in the sciences. Different,
but sometimes overlapping rules, apply to the other disciplines.
In order to qualify for
Employment First Preference, aliens of extraordinary ability in the sciences
must establish that they are one of a small percentage of people who have risen to the top of their
field. The alien must establish sustained national or international acclaim and
recognition for achievements in his or her field of expertise and must be
seeking to enter the
Establishment of sustained
national or international acclaim and recognition for achievement in the field
of expertise can be established by providing evidence of receipt of a major
internationally recognized award such as the Nobel Prize or at least three of
the following:
1.
Documentation of receipt of lesser nationally or
internationally recognized awards for excellence in the field of endeavor.
2.
Documentation of membership in associations in the
field of endeavor which require outstanding achievements of their members, as
judged by recognized national or international experts in their disciplines or
fields.
3.
Published material in professional or major trade
publications or major media about the alien, relating to the alien’s work in
the field for which classification is sought, which shall include the title,
date and author of such published material, and any necessary translation.
4.
Evidence of participation on a panel or individually as
a judge of the works of others in the same or an allied specialization.
5.
Evidence of original scientific contributions of major
significance in the field of endeavor.
6.
Evidence of authorship of scholarly articles in the
field in professional journals or other major media.
1.
Evidence of having commanded a high salary or other
significantly high remuneration for
services in relation to others.
2.
Employment in a critical or essential capacity for organizations and
establishments that have a distinguished reputation.
3.
Comparable evidence if the above criteria do not
readily apply to the alien’s case.
4.
Evidence of the display of the alien’s work in the
field at showcases in more than one country.
USCIS carefully
scrutinizes these petitions. They
maintain a very high threshold, which must be met in order to obtain an
approved petition.
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