Exceptional Skills Immigration to the USA
Exceptional Skills Immigration to the United States refers to a category of immigration to the United States that is designed to allow individuals with exceptional abilities in arts, sciences, education, business or sport to live and work in the country.
This type of immigration is available for individuals who possess a high level of expertise or talent in their respective fields and who are able to demonstrate this ability through sustained national or international acclaim.
Qualify for Exceptional Skills Immigration
To qualify for exceptional skills immigration, individuals must meet specific criteria and provide evidence of their exceptional abilities. This includes evidence of their achievements and awards, evidence of recognition from professional organizations and testimonials from experts in their field. Individuals must also demonstrate that their skills are in demand in the U.S. and that they are able to make a significant contribution to their field in the country.
There are two primary ways to qualify for exceptional skills immigration to the United States: through the EB-1A visa, which is available for individuals who have demonstrated extraordinary ability in their field and through the O-1 visa, which is available for individuals who have a demonstrated record of extraordinary achievement.
Once an individual has been approved for exceptional skills immigration they are able to live and work in the U.S. on a temporary basis. They can also apply for permanent residency if they meet certain criteria, such as being able to demonstrate that they have a permanent job offer in their field and that they are able to support themselves and their family without relying on public benefits.
Exceptional skills immigration to the United States provides a unique opportunity for individuals with exceptional abilities to live and work in the country, and to make a significant contribution to their field.
Check Your USA Visa Eligibility
Steps to apply for exceptional skills immigration through the EB-1A Visa
The EB-1A visa is for exceptional skills immigration to the United States. These are the steps to apply for this visa:
- Determine eligibility: The EB-1A visa is for individuals with extraordinary abilities in their field. To be eligible you must provide substantial documentation demonstrating that you are at the top of your field and have achieved national or international recognition.
- Gather supporting documents: This includes a resume, a portfolio of your work, articles written about you, awards and testimonials from experts in your field.
- File a Labor Certification Application (LCA): The LCA is a form that is required by the U.S. Department of Labor. It certifies that there are no U.S. workers who are available and qualified for the job you are offering.
- Prepare and submit Form I-140: The I-140 is the Immigrant Petition for Alien Worker. This form is used to request an immigrant visa for you.
- Pay the filing fee: The filing fee for the I-140 is currently $700.
- Wait for approval: Once you have submitted the I-140, you will receive a receipt notice. You should receive a decision on your case within six months.
- Apply for adjustment of status or consular processing: If you are already in the United States you can apply for adjustment of status to obtain a green card. If you are outside of the United States however, you will need to go through consular processing.
How to Fill Out Form I-140 for Exceptional Skills Immigration
Form I-140 (also known as the Immigrant Petition for Alien Worker), is used to petition for immigration to the United States in the exceptional skills employment based category. The form is required to be filed by the petitioner, who is usually the U.S. employer.
The following information is required for the Form I-140:
- Petitioner Information: The name, address and contact information of the petitioner (U.S. employer).
- Beneficiary Information: The name, address and contact information of the foreign worker who is seeking immigration to the United States.
- Classification Information: Information regarding the classification of the foreign worker, such as the type of visa the worker is seeking (EB-1A, EB-2, EB-3).
- Job Offer Information: A description of the job offered by the U.S. employer and the qualifications of the foreign worker for that job.
- Labor Certification: Evidence that the U.S. Department of Labor has approved the job offer and that there are no available U.S. workers who are able and willing to perform the job.
- Evidence of Exceptional Ability: Evidence of the foreign worker’s exceptional ability.
- Evidence of National Interest Waiver: Evidence that the foreign worker’s continued presence in the United States is in the national interest.
- Fees: Payment of the USD $700 filing fees for the Form I-140.
- Signature: A signature by the petitioner (U.S. employer) certifying that the information provided in the Form I-140 is true and correct to the best of their knowledge.
Famous People Immigrated to the US by Exceptional Talent
- Satya Nadella: The CEO of Microsoft, Satya Nadella, moved to the United States from India on a H-1B visa.
- Elon Musk: The CEO of Tesla and SpaceX, Elon Musk, moved to the United States from South Africa on a business visa. He later became a citizen through the EB-1A exceptional talent visa program.
- Ajaypal Singh Banga: The CEO of Mastercard, Ajaypal Singh Banga, moved to the United States from India on an H-1B visa.
- Zhang Haidi: The CEO of the China Disabled Persons’ Federation, Zhang Haidi, moved to the United States on an O-1 visa for individuals with extraordinary ability in the arts, sciences, education, business, or athletics.
These individuals represent only a small fraction of the many talented individuals who have come to the United States on exceptional talent visas.
Common Exceptional Skills Immigration Rejections
There are many reasons why exceptional talent visa applications to the United States may be rejected. The most common rejections for Exceptional Skills Immigration to the United States are:
- Incomplete or inaccurate information: The U.S. Citizenship and Immigration Services (USCIS) requires a significant amount of documentation and information to support an exceptional talent visa application. If the information is incomplete or inaccurate then the application will absolutely be rejected.
- Lack of evidence of exceptional ability: To be eligible for an exceptional talent visa, an applicant must demonstrate that they possess a level of expertise or skill that is significantly above the norm in their field. If the USCIS determines that the applicant does not meet this standard then the application will be completely rejected.
- Lack of professional recognition or awards: Professional recognition and awards can help to demonstrate the applicant’s exceptional ability in their field. If the USCIS determines that the applicant does not have enough recognition or awards the application will be rejected.
- Lack of job offer or support from a U.S. employer: An exceptional talent visa requires a job offer or support from a U.S. employer. If the USCIS determines that the job offer or support is not sufficient or credible then the application will be rejected.
- Security concerns: The USCIS will reject an exceptional talent visa application if it determines that the applicant poses a security threat to the United States.
- Failure to meet other eligibility criteria: If the USCIS determines that the applicant does not meet any criteria then they have the right to reject an application.