DO YOU QUALIFY FOR THE EXTRAORDINARY ABILITY VISA?
By E. Audrey Glover-Dichter
Attorney at Law
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I would like to introduce you to a type of immigrant visa that is seldom used by immigration attorneys but that deserves much more attention. The immigrant visa is for “Extraordinary Abilities” in the field of endeavor, which can be used by immigrants who have reached the very top of their field(s) of endeavors, such as business, arts, science, sports, etc. A positive point of the Extraordinary Ability visa is that, unlike most other visas, a petitioner can self petition. The law requires that the petitioner meet at least three out of 10 criteria, but, of course, the more criteria that are met the better for the petitioner. The criteria provided in the regulations include publications by the immigrant, publications about the immigrant, recognition of having achieved the top of his/her field by colleagues and/or prizes. The reason that this immigrant visa is not often used is because the legal standards are high, but they are not impossible. These types of cases are a labor of love and are labor intensive as well. The benefits, however, are well worth the time and effort of doing such cases. The end result, if approved, is legal permanent residency without conditions.
Glover Dichter, PL, is a boutique immigration firm that focuses on these immigrant visas, along with other immigrant and nonimmigrant visas. At Glover Dichter, PL we believe that if the intending immigrant has what it takes to file for the Extraordinary Ability visa, it is in the intending immigrant’s best interest to pursue the visa rather than spend time and money on other visas that may not yield the same results. A word of caution is that not everyone can meet the very high standards of the Extraordinary Abilities visa, but it is worth reviewing the material to determine if the intending immigrant qualifies. Glover Dichter, PL, has experience in making such judgments and in preparing successful Extraordinary Ability petitions.
My name is E. Audrey Glover-Dichter, and I founded Glover Dichter, PL to provide quality immigration law services, which I have been providing since my graduation from The American University Washington College of Law in 1990. I have prepared and filed successful Extraordinary Ability petitions in business, arts and sciences. I have also prepared and filed numerous other types of nonimmigrant and immigrant petitions and/or applications. If you have any questions regarding the Extraordinary Ability immigrant visa or any other immigration issues, please feel free to contact me at Audrey@gloverdichter.com or 954-450-1563. I would be happy to discuss your immigration issues with you.
What Every Employer Should Know About Immigration Law
[2010-02-19]:
What Every Employer Should Know About Immigration Law
By E. Audrey Glover-Dichter
Attorney at Law
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I have been practicing immigration and nationality law for nearly 20 years, and I find that most business owners do not know how I can help them. Did you know that you must have every employee properly fill-out the correct version of I-9 Employment Eligibility Verification form upon hiring the person? Did you know that you must verify the information on the form within three days? Did you know that I-9 violations could lead to monetary fines and/or criminal investigations or prosecutions? Are you asking legally allowed questions when interviewing prospective employees with regard to the person’s legal right to work in the USA? Can you sponsor a foreigner to work in your business and what does that mean? Do you know what a resident card looks like? Do you know what to do with a no match letter from the Social Security Administration (SSA)?
Unfortunately, I am shocked by the lack of knowledge about how immigration laws and regulations apply to and affect your businesses. Also, I have found that business owners may be confused about their ability to hire foreigners to work in the US. Of course, I can clarify such issues for business owners regardless of the size of the business. It is the American way to hire the best employee possible to stay competitive in the market place, and if that person happens to be a foreigner, why limit the business’ potential for growth? So, it is always best to consult with me, the immigration attorney, to explore all immigration options available to legally hire such foreigners to work in your businesses. Rest assured, however, that there are plenty of cautionary steps in immigration law that must be met to prevent the dislocation and/or undermining of the US labor force and wages, which I explain as we explore the immigration options available. By the way, no business owner should ever ignore a no match letter from the Social Security Administration (SSA), as it is legal notice that particular employee may not be legally eligible to work in the USA. However, precautions must be taken when you receive such no match letters since the SSA system is not fool proof. So, employers are required to take certain steps to verify the information for the protection of the business and the foreign worker, which I can explain.
The USA is a giant melting pot, which is what makes us strong and competitive. Turning foreigners away as employees simply to avoid immigration law issues may not be the best way to run a business. Most importantly, though, there are some immigration laws and regulations that cannot be avoided as they apply to every business. Also, when a business avoids hiring foreigners, it may face discrimination issues under immigration law and labor laws. So, the next time you want to hire a foreign worker who is best qualified for the position, or you refuse to hire a foreigner, or you receive a no match letter from SSA, or you interview potential employees, or you do not know what an I-9 form is, call me and I will be happy to provide the necessary legal guidance for your business to comply with current immigration laws. I can be reached at audrey@gloverdichter.com or 954-450-1563.