EB1A 特殊人才綠卡係列之4: The Advantages of Applying for EB1-Extraordinary Ability (EB1-EA)
The EB1-Extraordinary Ability (EB1-EA) category is reserved for those at the top of their field who have a record of sustained national or international acclaim. For a person who may qualify for EB1-EA, applying for this immigration category is a much better choice and quicker way to obtain U.S. Green Card than the Labor Certification.
The EB1-EA petition does not require Labor Certification. Furthermore, an applicant can do self-petition for the EB1-EA application, which means that the applicant does not need a specific U.S. employer’s sponsorship or even a job offer. The only requirement is that the person must stay in the same field during the application process.
Without the requirement of Labor Certification or a U.S. employer’s sponsorship, the EB1-EA applicants enjoy the following three major advantages:
1) The Labor Certification is a long-time process. Therefore, bypassing the Labor Certification process is really an advantage of EB1-EA, and it makes EB1-EA much faster than other immigration categories requiring the Labor Certification.
2) Another advantage of EB1-EA petition is that some employers are reluctant to sponsor a foreign employee’s Green Card application, this is especially true during the U.S. economic descending time. In such a situation, an employer may not want to begin a Labor Certification process, and an alien employee cannot apply for a Labor Certification by himself/herself without the employer’s sponsorship.
3) The EB1-Extraordinary Ability immigration category is similar to EB1-Outstanding Researcher or Professor, but the EB1-EA does not require an employment position to be permanent or on tenure track. The alien applicants without a permanent job position or a permanent job offer, such as F1 students, H-1B post-doctor researchers, H-1B and L1 researchers or consultants, J1 visiting scholars, can apply for Green Card in the EB1-EA immigration category by themselves as self-petitioners, without an employer's sponsorship. http://www.greencardapply.com/ea/ea_analysis.htm;
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