Q: I am currently in O-1 status and doing research in Physics. Do I automatically qualify for the EB1-Extraordinary Ability Green Card category, or I still need to prove my qualification for the EB1-Extraordinary Ability category with an I-140 petition and many documents?
Answer:
As a fact, many people who qualify for temporary O-1 visas as persons of extraordinary ability do not automatically qualify for the permanent EB1-Extraordinary Ability (EB1-A) 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 individual is qualified for this eminent category;
3) Ensure that the alien meets at least three of the required criteria as listed below. Although meeting three of the ten criteria of EB1-A would not guarantee that the alien will qualify as an individual of extraordinary ability in the arts, sciences, education, business or athletics, if he or can not satisfy at least three of these items, it may be wise to consider another category.
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