QUESTION

Can I file for i140 EB1 category myself while being in the US legally on a visit visa?

Asked on Mar 21st, 2013 on Immigration - Oregon
More details to this question:
I won a medal at the Asian Olympics and have documentary evidence of being a Nationally and Internationally recognized athlete from the 90s. Can I self petition and how long would it take as my i94 is going to be expiring in about three months. PS My US Citizen dad filed an i130 for me last month but this will take 7+ years before a visa number is issued to me. My visa expires in 2016.
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1 ANSWER

Immigration Law Attorney serving St. Louis, MO
Partner at CoxEsq, PC
2 Awards
You may self-petition. Here are the requirements for an athlete. 1. You must have extraordinary ability in athletics which has been demonstrated by sustained national or international acclaim and your achievements must have been recognized in the field through extensive documentation; and 2. You seek entry to continue work in the area of extraordinary ability; and 3. Your entry will substantially benefit prospectively the U.S. Often, the substantial benefit criterion is met through the other two criteria. 4. No Employer Needed— Although the applicant must intend to pursue work in the U.S. in the area of expertise, no specific offer of employment is required. 5. This category is intended “for the small percentage of individuals who have risen to the very top of their field of endeavor.” 6. Evidence You'll Need: 6.a. You must demonstrate “sustained or international acclaim” and that the your achievements have been recognized in your field of expertise. 6.b. Evidence shall include either: (1) a one-time achievement such as a major internationally recognized award (e.g., Nobel Prize)(not sure whether the Asian Games medal will qualify); or (2) documentation of any 3 of the following: - Receipt of lesser nationally or internationally recognized prizes or awards (the Asian Games medal would certainly qualify here). - Membership in an association in the field for which classification is sought which requires outstanding achievement of their members, as judged by recognized national or international experts. - Published material about you in professional or major trade publications or other major media. - Participation as a judge of the work of others; - Evidence of original athletic contributions of major significance. - Performance in a leading or cultural role for organizations or establishments that have a distinguished reputation. - High salary or remuneration in relation to others in the field.
Answered on Mar 22nd, 2013 at 12:28 PM

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