Kishor Panthi, New York: Extraordinary ability is an alien classification by United States Citizenship and Immigration Services. The United States may grant a priority visa to an alien who is able to demonstrate “extraordinary ability in the sciences, arts, education, business, or athletics”, or through some other extraordinary career achievements. Each year’s dozen of Nepalese are getting American Green Card under the category of extraordinary ability. During this one decade 1025 Nepalese got the Green Card by applying on extraordinary ability sections, out of these 272 applicants has got approved as they have tried from Nepal where as other have got as they have applied from USA as they have been there in different visas. Most of the approved applicants are artist, Journalist, researcher, manager of the multinational company.
Records of approved applicants since 2000 can be summarized with the following table.
Total Number Of Issued:
Total Nepali Received:
Applied from Nepal:
Applied From USA:
How many are getting this year:
The government of United States of America fixes the quota before issuing Green Card under the extraordinary ability category too. According to the American state Department it has announced the quota’s of 41184 for the year 2015, it starts from October 1st to September 30th.If the employment basis other category of issuing the Green Card doesn’t meet its quotas then the remaining will be added to the category of extraordinary ability, so in 2015 more than 41,184will get the Green Card under the heading –Aliens Extraordinary Ability.. Last year almost 4,000 of the quota predefined for family sponsorship got wasted so this year employment basis quota is defined as 1.44,000 out of which 41,184 is defined for the extraordinary ability. last year 2,21,193 applicants got family sponsorship Green Card where as the quota’s was predefined as 2,26,000. If the family sponsored ship quota doesn’t exceed this year it will be added to employment based system of issuing Green Card. As it is started from October, the probability of acceptance of applicants is high during the first four month whereas the probability of acceptance gets reduces toward the end of the year.
Who got and who didn’t?
A big list of Nepalese artist and sports person are having the Green card by applying under the extraordinary ability. There are other professional from the field of science, business and education. There are many writers who got these opportunities but there are very few countable journalists.
By demonstrating extra ordinary exceptional talent as a folk singer and journalist in 2006 Ram Prasad Khanal has received the Green Card under –Alien Extraordinary Ability . According to him another renowned singer Prem Raja Mahat and the famous actor Saroj Khanl has got the Green Card similarly before him. He told us that a lot of Nepalese artists are having Green Card similarly however there are few cases which got rejected though those applicants should approved, among those applicants Gauri Malla and Raja Ram Poudel are one. However they didn’t go to court for appeal as there is provisions of going to court after it gets rejected. He also remarked that there are few Nepalese who are getting Green Card by applying as refugee but they spread rumors that they are getting through -Alien Extraordinary Ability application.
According to the Lawyer Mr. Binod Karki ,who has been practicing in New York told us that Hari Bahadur Thapa , the famous artist got Green Card in year 2008 applying under extraordinary ability . Similarly Badminton Player Pashupati Paneru got Green card in year 2009. Artist Ramesh Upreti and Ratan Subedi got Green Card in year 2008 with the same process.
Likewise , the another Lawyer Girija Gautam’s websites mentioned that Artist Una Upreti , journalist Aaswin Upreti , Scientist Dr.Maya Prakash Singh have got Green card by applying under extraordinary ability category . Similarly other law firm run by Nepalese has mentioned the successful candidate name in their website.
What is extraordinary ability?
Extraordinary ability is an alien classification by United States Citizenship and Immigration Services. The United States may grant a priority visa to an alien who is able to demonstrate “extraordinary ability in the sciences, arts, education, business, or athletics”, or through some other extraordinary career achievements.It is known colloquially as a “genius visa” or “artists’ visa” (many of the recipients are artists).It can be granted on non-immigrant or immigrant basis.
The EB-1 extraordinary ability classification is for people who are recognized as being at the very top of their field and who are coming to the United States to continue work in that field. To establish eligibility, you must demonstrate sustained national or international acclaim and that your achievements have been recognized in the field of expertise by showing: (1) that you have received a major internationally recognized award, similar to a Nobel Prize; or (2) that you meet at least three of the ten requirements listed below and all your evidence, when evaluated together, shows that you are among the small percentage of individuals that have risen to the very top of your field. If you have not received a major internationally recognized award, you must answer yes and submit evidence for at least 3 of the 10 questions below:
Have you received any lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor?
Are you a member of associations that require outstanding achievements of their members as judged by recognized national or international experts?
Is there published material in professional or major trade publications or major media about you which relates to your work in the field?
Have you participated on a panel or individually as a judge of the work of others in the same or in an allied field of specialization?
Have you made original scientific, scholarly or business contributions that are of major significance?
Have you authored scholarly articles in professional journals or other major media?
Has your work been displayed at artistic exhibitions or showcases?
Have you played a leading or critical role for an organization with a distinguished reputation?
Have you or will you command a high salary or other remuneration for your services in comparison to others in your field?
Have you enjoyed commercial successes in the performing arts?
Note: If the criteria discussed in this section do not readily apply to your occupation, you may submit comparable evidence to establish your eligibility. However, there is no comparable evidence for the one-time achievement of a major, international recognized award.
Failure to submit standard document s eligible Candidates are even rejected: Ram Prasad Khanal
In the context of getting the American Green Card under the category of Extraordinary Ability we have a small conversation with the renowned Nepali folk singer Mr. Ram Prasad Khanal who has got American Green Card applying under this category in 2006.
Question: How you received American Green card?
Ram Prasad : I have applied as renowned Nepali folk singer and journalist . They accepted my application and then I got the American Green card. Not only me there is long list of singer, actor, actress who are having American Green card under the extraordinary category.
Question: Why many Nepalese senor artists application for getting American Green card under extraordinary category have been denied?
Ram Prasad: Those candidate who could submit the required document and evidence as demand by the American rules while submitting the application are able to get Green card where as the one failed to submit the required evidence gets mostly rejected .However there is few exception too. Senior artist Raja Ram Paudel and Gauri Malla got rejected where as the very junior artists application have been selected . I suspect there is weak on submitting the required evidence during the application.
Question: What you like to suggest the new applicants who want to get American Green card under the category the extra ordinary ability?
Ram Prasad: We can get all the necessary information by navigating the website http://www.uscis.gov . You must answer yes and submit evidence for at least 3 of the 10 questions asked during application . Application form should be filled seriously by going through it in detail. Fake and guess information shouldn’t be included. If all the evidence and proof are included to strengthen the things mentioned in the application form there won’t be chance of rejection. Few friend s have been rejected as they lack to provide genuine evidence to support their application.
(Data Source: USCIS & US State Department)
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