【深度剖析】具备什么样的资质才能够申请EB-1A杰出人才绿卡？

As it becomes more difficult to get all types of visas and immigration benefits, U.S. employers and foreign nationals are examining all of their legal options. Historically, one of the best pathways to lawful permanent residences in the United States has been the EB-1A extraordinary ability immigrant category, which requires that the applicant demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.  This category has many advantages, including obtaining a green card without having a sponsoring employer, or having to wait years for a visa to become available, even for nationalities with extensive backlogs (such as Chinese and Indians). As it becomes harder to obtain other common visas, such as H-1B and investor visas, this category has become more and more attractive. However, it is also one of the most difficult to obtain, and may become even more so after implementation of  “extreme vetting” policies by the Trump administration designed to tighten immigration requirements.

如今获得各类签证和移民利益是越来越困难了，美国雇主和雇员也是各种竭尽所能开发合法途径。EB-1A杰出人才移民绿卡一直被认为是合法移民美国的最佳途径。申请EB-1A要求申请者提供在科学，艺术，教育，商业或体育领域拥有国内或国际认可的杰出才能的证据。此类绿卡申请拥有很多优势，比如无需雇主支持，并且不需要排期（尤其对于中国人和印度人来讲）。在当下普通签证类型，诸如H-1B和投资者签证越来越难获取到的情况下，该类的申请变得越来越热门。然而，EB-1也是最难获取的绿卡种类，在特朗普紧缩的移民方针，贯彻“严格审查”政策的的大环境下，甚至变得更难了。

So what does “extraordinary ability” mean? In immigration law extraordinary ability applies to an individual who is among the “small percentage” who have risen to the very top of their field, have sustained national or international acclaim, and whose work will prospectively benefit the United States. Such achievement can be most easily demonstrated by winning a major international award, such as a Nobel Prize, Olympic medal, or Pulitzer, but that is not how most applicants qualify. For the vast majority not lucky enough to have won a prize of such magnitude, the applicant must demonstrate they meet at least three of ten criteria, which include the following:

那么什么是“杰出才能”呢？在移民法中，杰出才能适用于在领域内少数部分拥有尖端技术的个人，并且获得了国内或国际认可，其贡献奖可能有利于美国国家利益。此类贡献最直接的表现方式便是赢得国际主流奖项，比如诺贝尔奖，奥林匹克奖牌或普利策奖，但这些奖项并不是大多数申请者具备的。对于绝大多数没能足够幸运获得如此殊荣的申请者来说，这些申请者需要证明他们符合以下十项中的至少三项：

How these criteria can be met will vary depending on the field the applicant is in. For example, a scientist who is widely published can often meet criteria five (original contributions in the field of science) and six (authorship of scholarly articles). A strong argument must be made that the publications are original and influential, usually by showing the impact factor and ranking of the journals and the number of citations to the publications. Artists should usually be able to meet criteria seven (display of work at significant exhibitions) or ten (commercial success in the performing arts). A serious and extensive review of the applicant’s work should be conducted with a lawyer experienced with these types of applications to determine what kind of documentation can be provided to show that the criteria are met, as the immigration service is requiring more and more documentation to meet each one. If the field is highly unusual, and the criteria above do not apply, a creative lawyer can argue comparable evidence that may be appropriate to meet the criteria.

这些标准如何实现将取决于申请者所在的领域。比如，一个文章广泛发表的科学家通常可以达到标准5（在科技领域的原创性贡献）和标准6（学术文章的作者）。需要作出有关发表物是原创性并且具有影响力的强有力论证，通常需要展示该杂志的影响因子和排名状况，以及该发表物的引用状况。对于艺术家来讲通常是符合标准7（作品在重要展会展出）或标准10（在商演中取得商业成功）。申请者需要和律师对自身条件进行一个细致的审查从而决定何种类型的材料可以提交来符合各类标准。若该领域属于冷门领域，并且以上标准无法满足，一个有战略眼光的律师将设法提供类似的证据去达到标准。

The extraordinary ability visa is a marvelous opportunity for foreign nationals and employers to obtain permanent residence for themselves or their employees, but it requires a significant commitment to working closely with an immigration lawyer with experience and expertise in order to make a convincing case. The lawyer can advise whether the documentation and achievements of a prospective applicant may meet the criteria, or if the applicant may want to work on advancing their career further before applying. He or she may also suggest other options, such as the O-1 temporary extraordinary ability visa or the H-1B, that can also be considered to meet the needs of individuals or employers in an increasingly challenging immigration environment.

杰出人才绿卡对于外国人和雇主来说是为他们自己或雇员获得永久居留权的一个绝好的机会，但它需要与有经验和专业知识的移民律师密切合作，以便作出令人信服的案例。律师可以告知申请人的文件和成就是否符合标准，或申请人是否希望在申请之前进行进一步职业发展。律师也可以建议其他选择，例如O-1特殊人才签证或H-1B，这些签证也能在日益具有挑战性的移民环境中满足个人或雇主的需求。