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AILA/TSC Liaison Practice Pointers for Successful EB-1 Extraordinary Ability Petitions
Cite as \"AILA InfoNet Doc. No. 10041266 (posted Apr. 12, 2010)\"
Tip 1 (For the Alien): Choose your friends wisely, your reference letter writers even more wisely
USCIS tends to see co-workers, friends from school, and current or former supervisors as biased. Letters from esteemed professionals in the field of the alien who have not been employed or studied with the alien and know of the alien because of his/her reputation in the field of interest, the significance of his/her work in the shared field, and its importance to their work will be much more highly regarded than a letter from a former professor who talks about how the alien was the best post-doc fellow he ever had assist him with his work in the field.
Tip 2 (For the Alien and Attorney): Making more money than your cubicle mate does not mean you make a lot of money compared to others in your field.
Although the alien may be the highest paid scientist on her floor, it does not mean that she makes so much more money than the rest of her field that her paycheck alone is evidence of how great she is. Additionally, the fact that she (in California) makes more money than the average scientist in North Dakota also does not prove this point. Empirical, unbiased, third party evidence of her salary compared to others in her field of interest is key to winning USCIS over. Does she make more than the level 4 wage for her job in her MSA (Metropolitan Statistical Area) according to the Online Wage Library? Print it, use it. Is she in the top 10% of all scientists in her State in a private salary survey? That is good, too. However, submitting a copy of her cubicle mate\'s business card and paycheck stub is not so good.
Tip 3 (For the Attorney): USCIS does not build bridges. That is what we are paid to do.
Drafting a three page cover letter that recites the criteria for employment authorization eligibility and the list of evidence submitted is only half the job. USCIS will not try to figure out for you if what you submitted meets the criteria, which criteria, and how many criteria for which you are submitting. That is your job. Your cover letter should explain IN DETAIL how the evidence submitted satisfies the requirements for specific criteria.
For example: Under the heading of \"Evidence of your authorship of scholarly articles in the field, in professional or major trade publications, or other major media,\" USCIS will understand the importance of your list of publications and citations index if you introduce it like this:
\"As first author on 19 articles in scholarly journals in the field of Oncology, co-author on 37 other articles, and collectively having been cited more than 350 times in articles published in the 18 months on the subject, Dr. Smith\'s research advancing the early detection of breast cancer through blood testing has been deemed \'groundbreaking\' (cite 37), \'Immensely important\' (cite 89), and \'the basis for all future research on the topic\' (cite 266).\"
Tip 4 (For the Attorney): Double-dipping - Bad at Parties, Good on Petitions
Often times, evidence submitted can be used to satisfy more than one criteria. An example is the introductory sentence above in Tip 3. It is great for introducing the adjudicator to the breadth and depth of the beneficiary\'s published works. It is also great for demonstrating the significant and original contributions the beneficiary has made to the field of endeavor. Evidence submitted to establish eligibility under one criterion is not then \"used up.\" USCIS looks at the quality of evidence submitted, and if taken all together, it establishes that the beneficiary is extraordinary. View the beneficiary\'s accomplishments from all angles and analyze which (and how many) criteria they speak to. Then, use it for all of those criteria. Make sure, however, you address each criteria individually and specifically so the USCIS adjudicator can tell for which criteria you are arguing (see Tip #3).
本文由美国专业移民律师王明珮提供,王明珮律师事务所位于美国加州洛杉矶市,是一所专精职业移民的美国专业移民律师事务所。
王明珮律师早年毕业于中国外交部直属北京外交学院国际法系获国际私法硕士学位,曾任职中国商务部。对国际法及中美两国政治,经济,法律,文化有深入了解。
王明珮律师是早年中国自费留学美国大军中的一员,深感自费留学生的磨难与艰辛。她毕业于美国加州一所著名私立法学院, 毕业后至今一直从事美国移民法律事务。自行开业前,曾多年任职于由美国前移民局高级法律顾问们组成的美国一流移民律师事务所,从美国公民及移民局高级法律顾问律师同仁们那里学习吸取了许多宝贵经验,在他们多年悉心培养指导下掌握了移民美国的许多成功要诀。十年来,帮助海内外众多新移民成功移民美国,成绩卓越。
王明珮律师致力于为中国海内外专业人士提供移民美国的杰出法律服务。她将定期在本网站向读者普及成功移民美国的知识,辅助美国移民申请人尽速达到目标。
她将专门摘选美国移民律师协会执业律师联络处专供律师协会会员内部参考的文章与读者共享。
美国移民律师协会(American Immigration Lawyers Association a.k.a. AILA)是美国唯一权威移民律师协会, 位于美国首都华盛顿,拥有上万会员。 由该协会执业律师联络处发布的文章集全美移民律师办案心得之精华总汇。王明珮律师特意摘选美国移民律师协会发布的文章与读者共同研习,以弥补仅仅提供单一律师个人办案经验之局限。
王明珮律师提供免费咨询业务。免费咨询电子邮箱:info@wanglaw.org, 本律师事务所网址:www.wanglaw.org
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