Extraordinary ability visa: Safe haven during executive order storm
Wait, this is a big deal
- The rationale for executive order, specifically that the entry of a specific group of foreign nationals is "detrimental to the interests of the United States."
- Section 6 of the executive order indicates that additional measures will be evaluated, including a possible recommendation on non-immigrant visa categories that are deemed to negatively affect the U.S. economy.
Will there be a new immigration executive order?
- My best guess is yes. There are some clear signs that the current administration will issue a new executive order restricting some non-immigrant visa categories. Those signs include:
- Reports that Stephen Miller, senior adviser to President Trump, advised anti-immigration groups that current guest worker programs are up for review.
- Four senators recently sent President Trump a letter urging him to suspend all-new guest worker visas for 60 days and to suspend certain guest worker programs (H-1B, H-2B, F-1 OPT) for up to a year.
- Immigration is often used as a scapegoat during economic troubles and a distraction during political turmoil. We have both of those scenarios right now, as well as an upcoming election where immigration can be used for political purposes.
What does this have to do with the 0-1 visa category?
What are requirements for an 0-1?
- Receipt of a major, internationally recognized award, such as the Nobel Prize; or
- At least three of the following forms of the documentation set forth under 8 CFR §214.2(o)(3)(iii) (B)( l ) -( 8).
- Documentation of the alien's receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
- Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
- Published material in professional or major trade publications or major media about the alien, relating to the alien's work in the field for which classification is sought, which shall include the title, date and author of such published material, and any necessary translation;
- Evidence of the alien's participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization to that for which classification is sought;
- Evidence of the alien's original scientific, scholarly, or business-related contributions of major significance in the field;
- Evidence of the alien's authorship of scholarly articles in the field, in professional journals, or other major media;
- Evidence that the alien has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation;
- Evidence that the alien has either commanded a high salary or will command a high salary or other remuneration for services, evidenced by contracts or other reliable evidence.
If the above criteria do not readily apply to an individual's occupation, comparable evidence may be used to establish eligibility.
This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part of LexisNexis Canada Inc.
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