Blogs & Media

November 17, 2023

In general, US employers who wish to hire foreign workers on a permanent basis must obtain a permanent labor certification from the US Department of Labor (DOL) before US Citizenship & Immigration Services (USCIS) will consider a green card petition; however, there are few exceptions to this requirement, including what is commonly referred to as “Schedule A” professions.

What are “Schedule A” professions?

For certain occupations, the DOL has predetermined that there are not enough US workers who are able, willing, qualified and available. These occupations are referred to as “Schedule A” occupations and the process to satisfy the permanent labor certification requirement is referred to as “blanket” labor certification. For these occupations, the DOL has predetermined that the wages and working conditions of US workers similarly employed will not be adversely affected by the employment of noncitizens.

Due to the occupational shortage of US workers, the DOL has “pre-certified” Schedule A occupations. This means that an employer who wishes to hire a person for a Schedule A occupation is not required to conduct a test of the labor market and apply for a permanent labor certification with the DOL. Rather, this employer must apply for Schedule A designation by applying for a permanent labor certification to USCIS in conjunction with the petition.

The following occupations currently comprise Schedule A:

Group I: Physical therapists and professional nurses.
Group II: Immigrants of exceptional ability in the sciences and arts. This includes college and university teachers, as well as immigrants of exceptional ability in the performing arts.

Although the Schedule A occupation list has not been updated in decades, this could change in the future based on President Bident’s AI Executive Order issued October 30, 2023.

It is important to note that an alien may not self-petition for Schedule A designation. Each request requires a job offer and a petition that includes a request for such designation filed by a US employer.

If you are interested in a Schedule A Green Card, please contact Aspire Visa Attorneys. Our attorneys are authorized to practice immigration law in all 50 states and represent clients around the globe!

*Please be advised that this is not intended to be legal advice nor does engagement with this post create an attorney-client relationship.

Current as of November 17, 2023

October 11, 2023

O-1B for People in the Motion Picture or Television Industry

The O-1B visa is a non-immigrant visa that is designed for individuals with extraordinary ability or achievement in the arts, motion picture, television, or entertainment industry. To qualify for an O-1B visa, an applicant must meet specific requirements and demonstrate exceptional skills and accomplishments in their field.

There are two different categories of O-1B visas. The O-1B(Arts) visa is for artists while the O-1B (MPTV) visa is for beneficiaries who have a record of extraordinary achievement in the motion picture and television industry. Below, we will review the evidence necessary to demonstrate “extraordinary achievement” for a successful O-1B (MPTV) visa petition.

O-1B Beneficiaries in Motion Picture or Television

To work in motion picture and television productions, the beneficiary must have a demonstrated record of extraordinary achievement that has been recognized in the field through extensive documentation. “Extraordinary achievement” in reference to persons in the motion picture or television industry means a very high level of accomplishment in the motion picture or television industry, as 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.

1. Establishing Eligibility

In support of an O-1B (MPTV) petition, the petitioner must establish that the beneficiary has demonstrated a record of extraordinary achievement in motion picture or television productions and is coming to continue to work in such productions; however, the productions need not require someone with a record of extraordinary achievement.

2. Supporting Documentation

The supporting documentation for an O-1B (MPTV) petition is the same as the O-1B(Arts). It must include evidence that the beneficiary has received, or has been nominated for, a significant national or international award or prize in his/her particular field OR at least three of the following forms of evidence:

Evidence that the beneficiary has performed, and will perform, services as a lead in productions or events that have a distinguished reputation, as evidenced by critical reviews, advertisements, publicity releases, publications, contracts, or endorsements;
Evidence that the beneficiary has achieved national or international recognition for achievements, as evidenced by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications;

Evidence that the beneficiary has performed, and will perform, a critical role for organizations and establishments that have a distinguished reputation, as evidenced by articles in newspapers, trade journals, publications, or testimonials;

Evidence that the beneficiary has a record of major commercial or critically acclaimed successes, as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion pictures or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications;

Evidence that the beneficiary has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the beneficiary is engaged. Such testimonials must be in a form which clearly indicates the author’s authority, expertise, and knowledge of the beneficiary’s achievements; or

Evidence that the beneficiary has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field, as evidenced by contracts or other reliable evidence.

3. Comparable Evidence

A major difference between the O-1B (Arts) and the O-1B(MPTV) visa is that the petitioner may NOT rely on comparable evidence in this category so the O-1B (MPTV) can be a more difficult visa to obtain than the O-1B (Arts) visa, depending on the circumstances.

It’s important to note that the requirements for an O-1B visa can be complex and rigorous. Consulting with an experienced immigration attorney is highly recommended to ensure that all aspects of the application are properly addressed and documented. To schedule with Aspire Visa Attorneys, please click here.

*Please be advised that this is not intended to be legal advice nor does engagement with this post create an attorney-client relationship.

**Current as of September 7, 2023

September 27, 2023

Marijuana and Immigration

Non-citizens residing in states where marijuana is legal may believe that using marijuana in accordance with state law will not hurt their immigration status, or their prospects for obtaining lawful status. THIS IS WRONG! Although marijuana may be legal in some states, it is still a federal offense to possess marijuana. This can have particularly disastrous consequences for an individual’s immigration endeavors.

In fact, a noncitizen who admits to an immigration official that they possessed marijuana can be found inadmissible, denied entry into the United States, or have their application for lawful status or naturalization denied. Moreover, depending on the circumstances, it can also make a lawful permanent resident deportable. This is true even if the conduct was allowed under state law, the non-citizen never was convicted of a crime, and the conduct took place in their own home!

If you have any questions regarding marijuana and its impact on immigration or if you have been found to be admissible to the United States and want to determine whether you may be eligible for a waiver, please contact Aspire Visa Attorneys. Our attorneys are authorized to practice immigration law in all 50 states and represent clients around the globe!

September 12, 2023

Employment-Based First Preference (EB1A) Visas

Employment-Based First Preference (EB1A) visas are an immigrant visa available to individuals with extraordinary abilities in the fields of science, art, education, business, or athletics, who would like to immigrate to the United States. To qualify as a person of extraordinary ability, the applicant must prove that they are in the very top percentage of their field.

An applicant can prove they have extraordinary ability by showing that they attained a one-time achievement, such as winning the Nobel Prize or an Academy Award, or by proving at least three of the following (more is better!):

S/he has received a slightly lesser national or international recognition award or prize.
S/he has obtained membership in prestigious associations and organizations.
There is published material about the applicant in professional or major trade publications or other major media.
S/he has judged the work of others.
S/he has contributed highly significant original scientific or scholarly works in the field.
There is evidence of his/her authorship of scholarly articles in the field, in professional journals, or other major media.
S/he has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation.
S/he makes or will make a comparably high salary.
His/her works have been displayed in an art exhibition or show.
S/he has media success in the performing arts demonstrated in box office receipts or entertainment sales.

One of the key advantages of the EB1A visa is that applicants can self-petition, which means they do not need an employer to sponsor them! Another advantage is that it does not require a job offer or labor certification, which significantly expedites the immigration process.

If you are someone who has risen to the very top of your field and are interested in obtaining a green card in the United States, please contact Aspire Visa Attorneys at 970-680-1223 to schedule a consultation. You can also schedule a consultation by clicking here.

*Please be advised that this is not intended to be legal advice nor does engagement with this post create an attorney-client relationship.

**Current as of September 12, 2023

August 30, 2023

O-1B for Artists

There are two different categories of O-1B visas. The O-1B(Arts) visa is for artists while the O-1B (MPTV) visa is for beneficiaries who have a record of extraordinary achievement in the motion picture and television industry. Below, we will review the evidence necessary to demonstrate “extraordinary ability” for a successful O-1B (Arts) visa petition.

O-1B Beneficiaries in the Arts (O-1B Arts)

To qualify as a person of “extraordinary ability” in the arts, the beneficiary must have “sustained national or international acclaim.” The regulations define “extraordinary ability” in the field of arts as: “distinction, defined as a high level of achievement in the field of arts, as 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.”