Question:
Where can I find samples of green card applicaitons
done under "Extraordinary Ability", "Exceptional Ability"
and "National Interest Waiver"?
Which one of these can be self-petitioned without requiring
employer sponsorship?
What would be the minimum lawyer charges filing these?
Answer:
NIW can self-petition, and EB1 (I can never remember whether it's
extraordinary or exceptional ability...)
Don't try those without a lawyer! INS is VERY picky and inconsistent
with those, and trying it without a lawyer would be a crap shot at
best.
You should probably call several and see how much they would charge -
expect something around $4000-$7000
An "exceptional ability" is employment-based and the employer must
support the application.
A "NIW" and "extraordinary ability" are not employment based but
require several pounds of supporting documentation to be seriously
considered. There are only a couple of dozen lawyers in the States
specializing on those and you must get one of those to succeed.
Those good ones would cost at least $8K. But it depends on your
case and a good lawyer would tell you exactly what your chances are
just after the initial consultation.
A do-it-yourself-kit is available at www.us-immigration.com,
but you'd have much better chances if you'd fall into
some employment-based category.
$5K is over my budget,
I could afford something like $1K. I will check
with the library if I can find some books.
I'm afraid that books won't quite cut it. You are talking about the
legal equivalent of brain surgery here!
If you screw up - and this is, unfortunately, quite likely, it is
going to cost you a lot more than $5k, including your chance at a
Green Card.
You may be aware of my reputation around here - but I would not dream
do doing an NIW case by myself!
Most attorneys will let you spread payments over time and pay in
installments of, for instance, $200/month.
Fortunately, Ingo is not quite correct here.
Unlike many other categories, extraordinary ability and NIW
allow to apply as many times as you want. But bear in mind
that it is quite unlikely to be approved later if the first
attempt failed (unless the circumstances changed drastically).
Who has a shot with "extraordinary ability"? Let's see ...
- scientists with important discoveries or nuclear/rocket
scientists (PhD is definitely required)
- artists with paintings etc. hanging in museums, songs recorded
on numerous CDs, etc.
- book writers with wide circulation of their books
(must have publications in English)
- teachers who have established
unique and successful pedagogical methods
those would cover 95% of possible applicants, there are some other
exceptions though. You should definitely contact a lawyer before
applying. Do-it-yourself kit is available at us-immigration.com,
but if you'd like to do it yourself you better be an Einstein or
Da Vinci or a Spice Girl
The "extraordinary ability" category is quite vague and the defintion
of what is extraoridinary is subjective. But, I am quite sure that
you don't have to be an Einstein to get get approved in this category.
I have done it myself (without a lawyer) and got approval at the
first try. My background in brief: Ph.D. in computer science from
a good school, reasonable number of journal and conference papers,
presentations, about 6-8 recommendation letters etc.
Moreover, applying in this category does not preclude one to apply
in other categories. So if one thinks he/she has a resonable chance
of being successful, I don't see any harm in trying. This category
does have some advantages like being not dependent on the company
and being able to change jobs after EAD.
Contacting a lawyer is not a very good idea for this category.
Since the contract is written such that the lawyer gets most of
their fee only on approval, the lawyer always tries to push the
NIW or Outstanding Researcher category which have less stringent
requirements. That's what I felt when I talked to a few laywers.
They all wanted to do in the Outstanding Researcher category. I
personally feel that a lawyer is not very helpful for this
category. But one needs VERY GOOD letters of recommendation from
influential researchers saying the imporatnce of one's research
in addition to the other qualifications stated above.
extraordinary ability''-this catagory is intended for the small percentage
of individuals who have risen to the very top of their field of endeavor,in
the scinces,arts,education,buisness or atheletics
That may well have been beginner's luck, or you did a very good job
researching everything up front - few people have the resoruces and
capabilities to do the necessary research.
I have yet to see such a contract. Most lawyers I am aware of charge
in one of two ways: flat fee regardless of outcome, or by the hour.
I suspect that these lawyers are simply not experienced with anything
else. Extraordinary Ability and NIW are such bad that not even every
immigration lawyer is competent enough for them!
I saw the Outstanding Researcher application. I thought I could
do better. I have not seen NIW or "Extraordinary Ability"
applications. So, I cannot make judgement.
If I fail in NIW category, would it adversely effect the
green card applications done under different categories?
I have been reading your posts. My hat is off to you. You have my
respect. Others' opinions would not matter. I wished there were
more net citizens like you.
Quite possibly. To begin with, you will have lost a lot of time, and
may not have enough time to complete your GC process the regular way.
You are also committed to a certain job description (unless you change
jobs or went for the self-sponsored category). It's possible that
something in an NIW application may contradict some requirements for
an LC.
I know of a friend who did both RIR and outstanding
researcher. Both are employer sponsored applications.
RIR requires LC, but not the outstanding researcher.
This combination seems fine, although outstanding
researcher skips the LC stage.
I am thinking doing employer sponsored outstanding researcher and
self-petitioned extraordinary ability. I wished to be able
to stick to one category, which might be the one sponsored
by the employer, however, in today's job market, it is not
so easy to keep the same job for 3 or more years. If my
position is terminated before than, I won't have any more
time left for re-application. For this, if it is possible
I would like to let the employer submit under the
outstanding researcher category, and myself do a self-petition
under the extraordinary ability (they only pay for one
application, which is understandable).
Both of these categories skip the LC (if I am not wrong),
but are sponsored differently. Would there be any legal problem?
