Work Visas Attorney in San Francisco, California
What immigration services do you provide for people with extraordinary ability or achievement?
What immigration services do you provide for people with extraordinary ability or achievement?
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well there are different petitions and
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generally if you can avoid having to go
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through a labor certification which is a
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very onerous process you do in the
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employment based world and so for the
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people who are not just extraordinary in
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their own minds but extraordinary on
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paper with documents we can petition for
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them if they meet let’s say three out of
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ten of the criteria but it’s a pretty
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high level you have to have a very
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prestigious national or international
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award or three of the ten criteria which
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can be articles about you articles about
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your work experts who say that you’re at
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the very top of your field and a lot of
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it will depend on how narrowly you’re
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going to define what is your field of
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extraordinary ability but you know like
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the best case is you have a client who’s
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on the cover of Time magazine and has an
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article written about him or her well
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that doesn’t really happen and that’s
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where a lawyer and advocacy comes in is
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we sit down and really drill down to try
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to figure out how many of the criteria
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can you meet how can how many can you
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document how can we creatively go about
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documenting when the the rules are are
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somewhat old-fashioned and we live in a
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digital world and evidence comes in lots
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of different forms now and really
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translating that so I view these
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petitions lots of times about marketing
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you’re trying to persuade the
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immigration officer that your client
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really has risen to the very top of
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their field and here are the documents
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that prove that so that’s extraordinary
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ability then you might have outstanding
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researchers so somebody who has a
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research background the PhD is working
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in a company or a university doing
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research and their work has also been
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recognized written about cite cited
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frequently these petitions are about
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this big there are you know hundreds and
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hundreds of pages of their work of
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people writing about their work of
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people saying how fabulous they are and
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sometimes in academics people are very
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modest
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and we have to actually work with them
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and say look you cannot be that modest
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you need to tell us about how great you
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really are and this looks really
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interesting what you’re you have done
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who has spoken to this how have they
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spoken to this so we do those we also do
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national interest waiver so if a
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position if somebody has a certain level
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of education and expertise and it would
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be in the national interest for them to
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be able to escape from having to test
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the labor market because their
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credentials are significantly in the
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balance worth it to forego protecting
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the US worker because we want this
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extraordinary person who is going to be
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performing work let’s say AIDS research
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in the national interest then we can get
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that kind of petition but there are big
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petitions they take a long time it takes
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a lot of collaboration with the client
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and in creativity
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Contact Kirsten Schlenger
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San Francisco, CA immigration attorney Kirsten Schlenger talks about the immigration options for those who have extraordinary abilities.
