国家利益豁免绿卡申请EB2-NIW之常见问题(2)

by Victoria Chen, J.D.(陈品瑞律师法律博士)
Q11: Does the receipt of certain degree or certificate constitute “exceptional ability“?
A: No, receipt of degree or certificate is not sufficient to prove “exceptional ability.“ The USCIS has stated that possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution may not be considered sufficient by itself to evidence exceptional ability; nor may a license or certificate to practice a profession or occupation be considered sufficient.
Q12: What document qualifies as evidence of “exceptional ability“?
A: In order to establish exceptional ability in the sciences, arts, or business, a petitioner must document at least three of the following:
a. an official academic record showing that the foreign person has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability
b.evidence in the form of letters from current or former employers showing that the foreign person has at least 10 years of full-time experience in the occupation.
c.a license to practice the profession or certification for a particular profession or occupation.
d.evidence that the foreign person has commanded a salary or other remuneration for services that demonstrate exceptional ability.
e.evidence of membership in a professional association or
f.evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities or professional or business organizations.
Q:13 May other evidence be considered in addition to the listed six evidence of “exceptional ability“?
A: Yes. The USCIS has indicated that it will consider comparable evidence that is appropriate to the foreign person's application in the event the foreign person cannot provide the type of demonstration listed above.
Q14: May an athlete be considered as a foreign beneficiary of exceptional ability? In what field?
A: Yes. Athletes may be considered aliens of exceptional abilities in the arts for purposes of being qualified in the second employment-based preference.
Q15: What are the restrictions for healthcare workers seeking classification of EB-2?
A: Some healthcare workers seeking EB-2 classification must meet special certification requirements. First of all, nurses, physical and occupational therapists, speech-language pathologists, medical technologists and technicians, and physician assistants are required to obtain certification to be qualified. The certification is required whether the foreign beneficiary was trained in the United States or abroad. The majority of these healthcare workers seeking an immigrant visa or adjustment of status will be EB-2 advanced-degree professionals or EB-3 professionals/skilled workers.
Q16: May a foreign medical degree qualify as the equivalent of a U.S. M.D. degree for the purpose of EB-2 petition?
A: A foreign medical degree may qualify as the equivalent of a U.S. M.D. degree if, at the time of the filing of the labor certification application, several conditions are met. The immigrant must establish that he or she: has been awarded a foreign medical degree from a medical school that requires a foreign beneficiary to obtain a bachelor's degree equivalent to a U.S. bachelor's degree as a requirement for admission, has been awarded a foreign medical degree and a foreign education credential evaluation is provided that describes how the foreign medical degree is equivalent to a medical degree obtained from an accredited medical school in the United States, or has been awarded a foreign medical degree and has passed the National Board of Medical Examiners Examination (NBMEE) or an equivalent examination, such as the U.S. Medical Licensing Examination (USMLE), Steps 1, 2, and 3.
Q17: Who can file a petition under NIW?
A: A foreign beneficiary may file his or her own petition with USCIS for classification in this preference. An employer can petition for the foreign beneficiary as well.
Q18: Who qualifies under NIW?
1. A foreign beneficiary who is qualified under EB-2 AND
2.the foreign beneficiary passes the NYDOT three-prong test: area of substantial intrinsic merit, proposed benefit of national scope, and significant benefit in the “national interest“ field. OR the foreign beneficiary physician agrees to work full time in a field designated by the Department of Health and Human Service (HHS) as a health professional shortage area or in a Veterans Administration (VA) hospital, and a federal agency or a state department of public health has determined that the physician's work is in the public interest.
Q19: What form does NIW petition file?
A: NIW petition includes the filing of Form I-140.
Q20: Is a labor certification required before the filing of I-140 of NIW?
A: No labor certification is required before the I-140 filing for NIW. NIW waives a labor certification.
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