有中文學士，法律博士的劉文暉律師，奉獻他的事業在移民法。在他任職於美國司法部律師顧問期間，以透徹的研究能力及流利的寫作技巧贏得移民法官們的欽賴。之後，劉律師以他的真才實學在全國知名的大型移民律師事務所，辦理各類職業及家庭移民案件，為許多複雜的移民申請，創下成功有效的辦案佳績。請按律師介紹來更了解劉律師的經驗，學歷，及文章發表。

劉文暉律師提供各項移民服務：

• 傑出人才，高級研究員，國家利益豁免，跨國公司主管/經理
• PERM勞工証及工作移民
• 各類工作簽証
• 非移民貿易/投資簽証
• 培訓簽証
• 各類親屬移民
• 綠卡，回美証
• 公民入籍

For up-to-date developments in immigration law, visit our NEWS section.

劉文暉律師熱切地幫助個人及團體了解移民法律最新變化及規定。報名請按移民講座。

您可以用中文 (简 / 繁体) 或英文電子郵件詢問您的移民需要, 或打電話與劉律師商談。

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Individuals demonstrating extraordinary ability in the arts, sciences, education, business, or athletics may qualify for an O-1 visa. Artists must be recognized nationally or internationally as prominent in their field. Other fields of endeavor require documentation of sustained national or international acclaim. The petitioning employer or agent must also obtain a written consultation letter from the appropriate peer group or labor organization. Certain support personnel may also qualify for O-2 visas.

Applicants claiming extraordinary ability in the arts must demonstrate distinction: "Distinction means a high level of achievement in the field of 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."

Applicants claiming extraordinary ability in one of these areas must demonstrate "a level of expertise indicating that the person is one of the small percentage who have arisen to the very top of the field of endeavor."

Applicants in the fields of motion picture and television productions must possess "a very high level of accomplishment in the motion picture or television industry evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent that the person is recognized as outstanding, notable, or leading in the motion picture or television field."

Individuals qualifying as extraordinary ability applicants are those with "extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation." They must further demonstrate they are one of "that small percentage who have risen to the very top of the field of endeavor," to be granted this classification.

Receipt of a significant international award, such as a Nobel Prize, Grammy, or Academy Award, can demonstrate extraordinary ability. Otherwise, applicants must submit extensive evidence satisfying at least three of the following:

1. Receipt of lesser nationally or internationally recognized prizes or awards for excellence;
2. Membership in associations in the field which demand outstanding achievement of their members;
3. Published material about the alien in professional or major trade publications or other major media;
4. Evidence that the alien has judged the work of others, either individually or on a panel;
5. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
6. Evidence of the alien's authorship of scholarly articles in professional or major trade publications or other major media;
7. Evidence that the alien's work has been displayed at artistic exhibitions or showcases;
8. Performance of a leading or critical role in distinguished organizations;
9. Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field;
10. Evidence of commercial successes in the performing arts.

Or, if these standards don't readily apply to the occupation, other comparable evidence may be submitted.

A key factor to document in Extraordinary Ability petitions is how the individual's outstanding achievements have been recognized over a sufficiently long period of time so as to justify a sustained record of national or international acclaim.

Outstanding professors and researchers require international recognition for their outstanding academic achievements in a particular field. They must also have at least three years experience in teaching or research in the academic area, and enter the U.S. in a tenure or tenure track teaching or comparable research position at a university or other institution of higher education. If the employer is a private company rather than a university or educational institution, the department, division, or institute of the private employer must employ at least three persons full time in research activities and have achieved documented accomplishments in an academic field.

Evidence that the professor or researcher is recognized as outstanding in the academic field must include documentation of at least two of the following:

1. Receipt of major prizes or awards for outstanding achievement;
2. Membership in associations that require their members to demonstrate outstanding achievements;
3. Published material in professional publications written by others about the alien's work in the academic field;
4. Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field;
5. Original scientific or scholarly research contributions in the field;
6. Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.

USCIS assumes that professors and researchers are expected to publish their work regularly, thereby establishing an even higher evidentiary burden for applicants. The extent of publications and the level of citations are also important factors to demonstrate sufficient recognition in the academic field.

This second preference category requires the applicant to be an individual "who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States." A sponsoring employer must file the petition, unless the individual qualifies for a National Interest Waiver.

In order to be classified as having exceptional ability in the sciences, arts, or business, the individual must provide documentation of three of the following:

1. An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;
2. Letters documenting at least ten years of full-time experience in the occupation being sought;
3. A license to practice the profession or certification for a particular profession or occupation;
4. Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;
5. Membership in professional associations;
6. Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.

If the above standards do not apply to the occupation, other comparable evidence of eligibility is also acceptable.

The job offer and labor certification requirements for EB-2 Exceptional Ability applicants may be waived if it is in the national interest to do so. Key factors in determining whether the national interest is sufficiently high include the following threshold requirements:

1. the applicant is seeking employment in an area of substantial intrinsic merit;
2. the benefit will be national in scope; and
3. the national interest would be adversely affected if a labor certification were required.