EB1A Visa in Ghana
PERSONS WITH EXTRAORDINARY ABILITY
What is an EB1A Visa?
This category applies to persons who have distinguished themselves in their professional pursuits relating to their work or study. This is called an EB1A Visa. The most notable feature about EB1A Visa is that it is self-petitioning. In other words, you do not have to be the beneficiary of an approved petition from an employer which is a requirement for most employment-based visa classifications.
Who is a Person with “Extraordinary Ability”?
Department Regulations define “extraordinary ability” as a level of expertise indicating that the individual is one of that small percentage who have risen to the top of the field of endeavor. To be considered as an alien with extraordinary ability, you must have sustained national or international acclaim. In addition, you must demonstrate the following elements:
- You accomplishments must be in the field of science, art, education, business, or athletics;
- You must demonstrate your accomplishments in the form of extensive documentation;
- You must be seeking to enter the United States to continue work in your field of endeavour; and
- You must establish that your entry must substantially benefit prospectively the United States.
What evidence must I prove that I have Extraordinary Ability?
You may provide evidence to prove your eligibility in one of two ways. To be eligible you must be able to satisfy one of two of the following requirements:
- The first piece of evidence you may provide may include evidence of a one-time achievement that is a major, internationally recognized award. This may include an Oscar, a Nobel Prize or an Olympic medal. Generally, the submission of evidence of having won any of these prestigious awards may suffice.
- If you cannot provide evidence of an internationally recognised award in the form of the type of evidence listed above, you may satisfy the requirement by showing at least 3 of the 10 criteria listed below. These are:
- Evidence of receipt of a lesser nationally or internationally recognized prize or award for excellence in the field of endeavor;
- Evidence of membership in associations which require outstanding achievements of their members, as judged by recognized experts;
- Published material in professional or major trade publications or major media about the alien’s work;
- Evidence of participation on a panel, or individually, as a judge of the work of others in the field;
- Evidence of original scientific, scholarly, artistic, or business-related contributions of major significance;
- Evidence of authorship of scholarly articles in professional journals or other major media;
- Evidence of the display of the alien’s work in exhibitions or showcases;
- Evidence that the alien has performed in a leading or critical role for organizations or establishments having a distinguished reputation;
- Evidence of high salary or high remuneration in relation to others in the field; or
- Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.
If you are unable to provide evidence that readily apply to the above standards, you may submit comparable evidence to establish your eligibility.
What type of professions may qualify for EB1A status?
Provided you are able to provide evidence of your eligibility in your chosen profession or endeavour which the high standards of this visa status demand, you may be eligible to apply. To be successful, you must show that you have risen to the near top of your profession. Professions or endeavors which have been known to have qualified for EB1A status includes highly successful martial artists, athletes, musicians, graphic designers, business people, or other extraordinary people who have risen to the top of their professions.
Do I need to Show labor Certification or a Job Offer?
No, you need not. Yet, although no offer of employment (including a labor certification) is required, you must include with your petition convincing evidence that you are coming to continue work in your area of expertise. Evidence may include letters from a prospective employer, evidence of prearranged commitments, such as contracts, or a personal statement from you detailing plans for continuing work in the United States.
Can my Spouse and Children join me in the United States?
Yes. Provided the relationship existed at the time of your admission into the United States, your spouse or child will be entitled to derivative status and may accompany or follow to join you. If you acquired your spouse or child subsequent to your admission, they will not be entitled to derivative status and can therefore not accompany or follow to join you.
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