EB1 Law Review AAO January 4th 2010 Establishing Petitioner Will Pursue Career in US, et. al
EB1 Law Review by Law Offices of Chris M. Ingram
Establishing Petitioner Will Pursue Career in US
8 C.F.R. 204.5(h)(3)(v)
(v) Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
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January 4th 2010 – Establishing Petitioner Will Pursue Career in US, et .al (p6)
Source Case
Establishing Petitioner Will Pursue Career in US – (AAO – December 23 2011 – P6)
Context
Scientist: In this case the Petitioner sought a designation as an alien of extraordinary ability in the field of nanomaterial science and nanotechnology. At the time of application the Petitioner was employed as a Device engineer. The Petitioner sought to satisfy the following categories: – Judging / Contribution of Major Significance / Scholarly Articles
The AAO also considered criteria for establishing that the Alien was coming to the US to continue work in his field of extraordinary ability.
AAO Discussion
“The director also found that the petitioner had not submitted clear evidence that he would continue to work in his area of expertise in the United States. The regulation at 8 C.F.R. 5 204.5(h)(5) requires "clear evidence that the alien is coming to the United States to continue work in the area of expertise. Such evidence may include letter(s) from prospective employer(s), evidence of prearranged commitments such as contracts, or a statement from the beneficiary detailing plans on how he or she intends to continue his or her work in the United States." On appeal, the petitioner submits an August 9, 2007 job offer letter and a May 21, 2009 employment verification letter from SanDisk Corporation. Accordingly, the petitioner's evidence overcomes the director's finding and satisfies the requirements of 8 C.F.R. 5 204.5(h)(5).
The petitioner has also established that he seeks to continue working in the same field in the United States and that his entry into the United States will substantially benefit prospectively the United States.”
Conclusion
It’s important to fully address your Petitioner’s relocation plans in as much detail as possible. The Petitioner can show: –
Contracts
Provide a Statement
Job Offer
Any one of these could be deemed sufficient to satisfy this 8 C.F.R. 5 204.5(h)(5) requirement.
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