1. To apply for EB-1A, 3 of the 10 criteria must be met
A reader asks:
I have a friend in China who has talked to me about immigration many times. He is 42 years old and is an associate professor of computer science at a 211 university in China (the school should be ranked in the top 50 in the country). He is a cadre in the system, which should be a lifetime system. His annual after-tax income is about 150,000 RMB, plus other five social insurances and one housing fund, about 230,000 RMB. He wants to apply for EB-1A to come to the United States to work as a programmer or other computer-related work. As long as his annual income covers family expenses and he can save 30,000 US dollars, he will be satisfied. He is not a member of the Communist Party. May I ask how long it will take for him to apply for first priority?
Alan Lee Esq. answers,
In your fact situation, your friend is an associate professor of computer science who has good income, wants to apply for EB-1A to come to the US to work as a programmer or other computer related work, and he will be satisfied if his annual income covers family expenses and he can save $30,000 USD. He would not appear to fit within the criteria of EB1A which requires that an applicant have qualifications in 3 of 10 evidence categories to be considered, and if qualifying on 3, is then considered in a merits determination in which USCIS attempts to determine whether he or she has demonstrated national or international acclaim and that his or her achievements have been recognized in the field of expertise, indicating that he or she is one of that small percentage who has risen to the very top of the field of endeavor. USCIS considers among other criteria whether the applicant has a major award such as the Nobel Prize, or if not three other criteria such as lesser nationally or internationally recognized prizes; membership in associations which require outstanding achievements of members, published material about him or her in professional or major trade publications or other major media; participation as a judge of the work of others in the field; proof of original scientific contributions of major significance in the field; and of the applicant’s authorship of scholarly articles in the field in professional or major trade publications or other major media. Your friend may decide to explore other parts of the US immigration scheme, including temporary worker under H-1B specialized occupation visa or labor certification green card – both of which require a US sponsoring employer.