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Immigration Law

"To exert special talents in the U.S."

To exert special talents in the U.S.

1. Alien of Extraordinary Ability (EB-1A Immigrant Visa)

Persons who have the best abilities in fields of science, arts, business, and physical education can apply for an employment-based immigrant visa. Ability as a top performer must be documented as proof of national or international reputation in the field in which it is engaged.

Interpretation of immigration law on "Extraordinary Ability" here does not require international reputation. An example of international acknowledgment demonstrating extraordinary ability would be the Noble Peace Prize or an Academy Award. If you not possess an internationally renowned award, you must provide evidence of at least three of the following:

1) The applicant has received an award or prize of a slightly lesser national or international recognition;

2) Obtained membership in prestigious associations and organizations. Must be perceived as an expert in their fields;

3) Assessed the work of others.;

4) Contributed highly significant original artistic, scientific, or scholarly works in the field;

5) Had achievements published in major trade and media announcements;

6) Works displayed in an artistic exhibition or show;

7) Media success with regard to the performing arts. Can be evaluated based on box office receipts or entertainment sales; and

8) Make a comparably high salary. However, in interpreting these regulations, the immigration authorities often require very extensive and verifiable evidence. Incidentally, many of these requirements are very similar to those of the O-1 visa. This is why many foreign nationals who qualify for the O-1 subsequently qualify for the EB-1A.

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2. Outstanding Researcher (EB-1B Immigrant Visa)

To be qualify as an Outstanding Professor or Researcher, you should be with an international reputation in a particular academic field, and must submit proof of employment as a tenure position/ track. The employment in a private research institute, even if it is not an academic institution, with at least three full-time researchers as an equivalent educational institution is acceptable. In addition, you must demonstrate that you have at least two of the six criteria set out above, in addition to the 10 EB-1A standards listed above. Unlike the EB-1A or NIW, you need a school, organization, agency or employment company that can sponsor you, but you are exempt from the L/C (Labor Certification) process, which is the first step of a regular employment-based immigration.

3. National Interest Waiver (NIW)

NIW is a great choice for immigrants who plan to immigrate right away in Korea because of the huge advantage that they do not have to get an employer. To qualify for the NIW, you must demonstrate three things: First, the applicant must have a substantial inherent advantage in the field of work itself. The second requirement is proof that the applicant's work will benefit the entire United States as a whole. Finally, you need to prove that if you have to go through the Labor Certification process like any other job applicant, the time and costs spent in this process will have a negative impact on the US national interest. This means that the involvement of the applicant is so high that it contributes to the interests of the United States, showing that it goes far beyond the need to require the Labor Certification process. It is therefore time-consuming for the applicant to go through the Labor Certification process in the United States by demonstrating that his talent in the field of his / her relationship can provide a much greater contribution to the national interest of the country than most peers around him. It can be argued that it will have a negative impact on the US national interest because it must go through the required examination.

Recommendation letters are a vital part of the NIW process. It is important that you bring in at least five prestigious and prominent referees who can write convincing references for you. Such letters can be used to supplement a relatively low number of publications, specific achievements, or citations. Therefore, a referee who has authority in the field and whose achievements are recognized is essential to get NIW. It is very important to find independent referees whom, for example, you know from a conference or something you do. Persuasive letters are those that give a good evaluation of your articles and achievements objectively. It is good practice to have a balance between independent referees and referees you know in person, so that their recommendation letters support what you are trying to demonstrate in your own submission.

4. Individual Who Possesses Extraordinary Ability in The Sciences, Arts, Education, Business, Or Athletics (O visa)

To get an O visa, your sponsor of the O visa specialist (i.e., an employer) must submit the visa application to the USCIS. The USCIS will first accept an Advisory Opinion from the Peer Group in your area. The immigration inspector consults the advisory opinion to determine whether the person who is going to enter is really a distinguished and unique person, or who is going to enter the country and whose job is really special so it is difficult to get a job in the United States. If you are approved by the USCIS, you can enter the United States after receiving an interview visa (O visa) from the US embassy in Korea.

To qualify for an O-1 visa, the beneficiary must demonstrate extraordinary ability by sustained national or international acclaim and must be coming temporarily to the United States to continue work in the area of extraordinary ability. Extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that the person is one of the small percentages who has risen to the very top of the field of endeavor. Extraordinary ability in the field of arts means distinction.  Distinction means a high level of achievement in the field of the arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts.

To qualify for an O-1 visa in the motion picture or television industry, the beneficiary must demonstrate extraordinary achievement evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent the person is recognized as outstanding, notable or leading in the motion picture and/or television field.

5. Entertainers and Athletes Who Cannot Qualify Under The Extraordinary Ability Standard For The O-Category (P visa)

Visas for entertainers and athletes is called a P visa. P visa is an option for aliens who are not qualified to apply for an O visa from entertainers or athletes. P visas are categorized with P-1, P-2, P-3, and P-4 visas granted to spouse and children under the age of 21. People who assist P visa holders can also come together as long as they play an important role in the performance. The duration of the visit is during the period required for cultural events. In general, P visa holders are allowed to stay until the end of the performance and the event, and can extend for up to one year. P visa holders may change their status to another nonimmigrant visa within the United States.

Athletes who are attending international high-class competitions or entertainers who are playing in internationally recognized celebrity groups can apply for P-visa. The athlete may participate in the competition as an individual, but in the case of entertainers, he / she must participate as a group. In order to prove that you are internationally qualified as a physical athlete, you must present contracts from internationally recognized teams or associations, career experience in international high-level competitions, or awards for international awards. For entertainers, celebrity groups must be internationally known performers, and at least 75% of the group members must have been in the club for at least one year. The duration of the visit may be for the duration of the event or for the duration of the event, but for athletes who have attended an individual qualification, they may extend their stay for another five years after they have received the first five-year’s visa. An example of the most representative P-1 visa is a taekwondo athlete who is a nationally or internationally-accredited athlete who has won a number of awards to participate in US competitions.

P-2 visas are given to artists or entertainers of individuals or organizations visiting through the Reciprocal Exchange Program. The duration of the visit is during the stay required for the interchange program and can stay for up to one year.

P-3 visas are granted to those who participate in culturally unique performances of artists or entertainers, whether individuals or groups. For example, if you invite Korean traditional classical dance companies from Korea as one of the cultural events in the Korean cultural organizations, all the participants can get a P-3 visa. Individuals or organizations invited must be recognized nationally and internationally, and the content of the performance must be culturally unique.

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