Altaffer & Chen PLLC 是一家位于美国德州达拉斯的律师事务所。本所创始及现任管理合伙人，CHEN律师，于2022年实质性参与了两个成功的杰出人才绿卡申请：申请人一个是基金经理，另一个是环保专家。两个申请递交相差几个月的案件均申请了加急处理服务，而USCIS（美国公民及移民服务局）在先后收到案件后也分别很快一次性批准了两个申请，并没有象此类案件中常见的那样，要求申请人提交补充证据材料(Request for Further Evidence, RFE)。
8 C.F.R. § 204.5(h)(3) 列出了美国杰出人才绿卡申请的十个条件。申请人必须满足这十个条件中的至少三个，如果申请人不能提供其所在专业领域被国际社会广泛认可的重量级国际奖项的话。本文则在此较为详细地讨论第六个条件 (8 C.F.R. § 204.5(h)(3)(vi)) : 学术文章撰写 (authorship of scholarly articles), 申请人在专业性或行业性期刊杂志或其他主要媒体上发表其专业领域的学术文章｡ 根据申请人的具体情况，这个条件有时也被同时用来满足第五个条件：具有重大意义的原创性贡献 （Petitioner’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field）。
An immigrant visa is available to an alien, who has been employed outside the United States for at least 1 year in the 3 years preceding the immigration petition in a managerial or executive capacity and seeks to enter the United States to continue to render managerial or executive services to the same employer or to its subsidiary or affiliate. If the alien beneficiary is already in the United States working for the same employer or its subsidiary or affiliate by which he or she was employed overseas, the beneficiary must establish that he or she was employed abroad in a managerial or executive capacity for at least 1 year in the 3 years preceding the most recent lawful nonimmigrant admission.
EB-5 immigrant investor program (employment-based fifth preference immigrant visa) is one of the paths immigrating to the United States. Under this program, investors (and their spouses and unmarried children under 21) are eligible to apply for a Green Card (permanent residence) if they: 1) make the required investment in a commercial enterprise in the United States; and 2) plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.
There are different paths to immigrating to the United States; EB-1A (employment-based green card under the first preference as an alien with extraordinary ability) is one of them. No offer of employment or labor certification is required for an EB-1A petition; thus, anyone can file such a petition on behalf of an alien with extraordinary ability, including the alien himself or herself as a self-petitioner.
