¿Es usted elegible para la visa EB-1A como camino a la Green Card (Tarjeta de Residencia Permanente)? Si usted es extraordinario en su campo de ocupación, ¡usted puede serlo!
Monica Zafra • September 15, 2023
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Varios de nuestros clientes que buscan la visa EB-1A son extraordinarios en su campo u ocupación - ya sea en cinematografía, ingeniería, marketing, periodismo, directores de arte, atletas, y más. Lo que hace que los casos EB-1A sean tan extraordinarios es que USCIS requiere que el solicitante demuestre que cumple con al menos 3 de los 10 criterios que exige. Para los candidatos que están entre los mejores y que son capaces de demostrar su extraordinaria capacidad en su campo, esta opción puede ser ideal para usted, ya que podría llevarlo a conseguir la Green Card (Tarjeta de Residencia Permanente).
Entre los 10 requisitos, es necesario cumplir 3 criterios:
- Pruebas de haber recibido premios o galardones de excelencia de menor reconocimiento nacional o internacional.
- Pruebas de su pertenencia a asociaciones del sector que exijan a sus miembros logros sobresalientes.
- Pruebas de que se ha publicado material sobre usted en publicaciones profesionales o comerciales importantes o en otros medios de comunicación importantes.
- Pruebas de que se le ha pedido que juzgue el trabajo de otros, ya sea individualmente o como miembro de un jurado.
- Pruebas de sus contribuciones científicas, académicas, artísticas, deportivas o empresariales originales de gran importancia en su campo.
- Pruebas de su autoría de artículos académicos en publicaciones profesionales o comerciales importantes u otros medios de comunicación importantes.
- Pruebas de que su obra se ha expuesto en muestras o exposiciones artísticas.
- Pruebas de que ha desempeñado un papel destacado o crítico en organizaciones distinguidas.
- Pruebas de que percibe un salario elevado u otro tipo de remuneración significativamente alta en relación con otras personas del sector.
- Pruebas de sus éxitos comerciales en las artes escénicas.
Tomemos el ejemplo de un director de fotografía. Si este director de fotografía es altamente cualificado en su campo, puede haber ganado elogios en todo el mundo o su trabajo ha sido exhibido en festivales de cine, por lo que puede ser un gran candidato para la visa EB-1A. Sin embargo, los tres elementos igualmente deben reunirse. Si uno de esos elementos no es tan fuerte, es posible entonces que no se reciba una decisión favorable de USCIS.
Esencialmente, usted debe demostrar que es literalmente una de las pocas personas en un campo muy importante/nicho y que ha llegado a la cima. Después de todo, usted está en el camino hacia una Green Card. Si no se encuentra entre los mejores en su campo, pero desea solicitar un EB-1A, lo mejor es mejorar su currículum. Por ejemplo, ganando tantos elogios como sea posible en su campo, convirtiéndose en miembro de asociaciones en su campo, juzgando a otros en su campo y proporcionando retroalimentación, y así sucesivamente. Es importante que los candidatos de la visa EB-1A se preparen para el éxito con el fin de convencer al funcionario del USCIS que revisará su caso.
La visa EB-1A es una gran herramienta mediante la cual muchos de nuestros clientes de gran éxito han sido capaces de trabajar en los Estados Unidos en su campo de ocupación y obtener así el estatus legal de residente permanente.
Este blog no busca constituir una asesoría legal y nada de lo que aquí lea debe interpretarse como el establecimiento de una relación abogado-cliente. Programe una consulta con un abogado de inmigración antes de actuar basado en cualquier información contenida en el presente.
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Monica Zafra
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During the recent administration there has been an increase in issuance of Requests for Evidence for EB-1A petitions for those of Extraordinary Ability. A Request for Evidence is a request that is made by USCIS that should explain how the evidence is deficient in proving the criteria argued and what additional evidence needs to be provided by the applicant to meet the criteria. EB-1A petitions are already normally subject to higher scrutiny because their approval is the first step needed to apply for Lawful Permanent Residence or a green card. USCIS normally requires not just evidence but that the evidence be provided with context and information to show why it matters in a particular field. For example, if you were providing evidence of your membership in an organization that requires outstanding achievements of its members, just providing evidence of the membership is not enough. You must explain what that membership is and provide background information on the organization granting the membership. You also need to provide evidence on the criteria that is used to select the members, information on those who select the members to show that they are recognized experts, other documentation such as articles about the membership organization to show its importance, and any other relevant evidence and background information to show that the criteria is met. A request for evidence being issued prior to the current administration was not uncommon, but in the current climate it is more surprising to not receive a request for evidence for this type of case. It is important to remember that a request for evidence is not a denial. Depending on the validity of the information in the request and the substance some Requests for Evidence can be overcome, and the case be approved. It is important to carefully review the request and note if there are any errors in the content and application of the regulations by USCIS. If you have an attorney, you should work with them and make sure that you provide any evidence you think may be helpful. Although there is a deadline by which a response must be submitted, attention to detail and patience will go a long way when dealing with having to respond to a request for evidence. If you believe you may qualify for this type of visa, please feel free to contact our office.
For individuals applying under the O-1A or EB-1A categories , both reserved for professionals with extraordinary ability, letters of recommendation are a critical part of the petition. These expert testimonial letters offer valuable insight into your accomplishments, reputation, and influence within your field. When written properly, they help demonstrate that you truly stand out as someone who has risen to the very top of your profession. Many petitions submitted by highly accomplished individuals fall short because the recommendation letters are vague, overly personal, or fail to clearly explain why the applicant meets the legal standard of extraordinary ability. That is why taking the time to prepare your recommenders effectively is not just helpful. It is essential to build a strong and persuasive case. First, it is important to help your recommenders understand the purpose of the letter . This is not a casual reference or character recommendation. It is a formal declaration to U.S. Citizenship and Immigration Services that you possess extraordinary ability in your area of expertise. The letter must describe your achievements in concrete terms and explain why your work has had a significant impact and recognition within your field. Many professionals, no matter how accomplished, are unfamiliar with the specific requirements of the O-1A and EB-1A categories. It is helpful to provide them with a short explanation of what is needed, and in some cases, a sample or outline to guide them. Selecting the right recommenders is just as critical as the content of the letters themselves. While USCIS gives greater weight to letters from independent experts, independence should not be confused with distance. The ideal recommender is someone who knows your work well and can provide specific and credible insight into your contributions, impact, and reputation in the field. A letter from someone who barely knows you, or one that focuses more on the recommender’s own accomplishments than yours, is unlikely to carry much weight with USCIS. A common mistake is submitting letters that read more like summaries of the recommender’s resume than a meaningful evaluation of your achievements. While a brief introduction of the recommender’s qualifications is important to establish credibility, the focus must remain squarely on you , your work, your innovation, and the ways in which your impact is considered extraordinary. The strongest letters go beyond general praise. They include clear and detailed examples of how your contributions have influenced others in your field or led to measurable outcomes. To make the letter as accurate and persuasive as possible, you should provide your recommenders with a summary of your most important professional milestones. This might include major awards, media coverage, patents, publications, notable leadership roles, or metrics showing the commercial or scientific success of your work. Well-prepared recommendation letters serve as both evidence and narrative. They help fulfill specific legal requirements and also tell the story of how and why your work has earned you distinction. In a category defined by terms like extraordinary ability, it is important that every part of your petition reinforces that standard. At Santos Lloyd Law Firm, we work closely with our clients and their recommenders to develop strong and compelling testimonial letters that meet USCIS expectations and highlight each applicant’s unique contributions.
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Navigating the immigration landscape as a professional athlete can feel as demanding as a championship final, but understanding the P-1A visa can help you to plan ahead and successfully petition USCIS when the time comes to apply. For individual athletes like surfers, Rodeo cowboys, or Brazilian Jiu-Jitsu fighters, the P-1A serves as the primary gateway to competing in the United States. While it is often compared to the O-1 visa, the P-1A has a distinct threshold that is more easily accessible than the O-1; rather than proving "extraordinary ability," you must demonstrate "international recognition". This means your achievements must be renowned or leading in more than one country, showcasing a level of skill that is substantially above the ordinary. For those competing in individual sports, the spotlight is entirely on your personal accolades and standing rather than a team or league’s reputation as in the case of a team sport athlete. You must show that you are personally well-known within your sport across multiple countries, and that the U.S. events you intend to enter typically draw other internationally recognized participants. One of the most significant advantages for the solo competitor is the duration of stay, as individual athletes can often secure a P-1 visa for an initial period of up to five years, which can eventually be extended to a total of ten. This stands in stark contrast to team athletes, who are generally limited to the duration of a specific season or contract with a team. If you are looking to be proactive about your future eligibility, you should treat your career milestones as a collection of evidence for the "Two-Out-of-Seven" rule used by USCIS. To qualify, you must provide evidence satisfying at least two of the following seven criteria: Evidence of having participated to a significant extent in a prior season with a major U.S. sports league. 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If you are working with an immigration attorney, make sure they have a clear understanding of your sport, how its governing body determines rankings, and the significance of your accomplishments- successfully showing USCIS why your rankings or results indicate you are performing at an elite and internationally recognized level is key to a successful outcome. Beyond the trophies, your professional network plays a crucial role ; cultivating relationships with recognized experts or sports media members who can provide written statements will significantly strengthen your future petition. Major media articles that discuss your accomplishments or explain the significance of competitions or rankings you feature in, can also have a strong positive impact on your case. As you prepare, remember that every petition also requires a formal consultation letter from an appropriate labor organization , if one exists that covers your sport. A good immigration attorney will help you to identify the appropriate labor organization and engage with them on your behalf to secure the consultation letter you need. Generally, they will want to see the same evidence that USCIS will be evaluating, and they may need some time to review your petition prior to issuing you a consultation letter. Finally, you will also need a written contract with an employer or agent within the United States, and a detailed itinerary of the events where you will perform . Your immigration attorney can also help you to structure your contract with your agent or employer, and guide you in creating an itinerary based on the events or competitions you will participate in. 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