孙虹律师: 在中国直接通过EB1A申请美国绿卡的特殊要求 近年来我们律师事务所帮助一部分在中国 (或者在美国境外的其他国家,比如,英国 ,德国,日本,韩国,等)的科研人员直接通过EB1A成功获得全家美国绿卡。 这种在 美国境外通过EB1A申请绿卡的证据要求,和在美国境内申请EB1A基本上是相同的。 但是有一个不同点,就是这一类EB1A申请人,需要证明他们获得绿卡后,将会在到美国 继续本领域的工作,并对美国国家利益做出贡献。如何举证证明呢? 其方法之一,是 由美国的教授,或者公司等,提供一封 当EB1A申请人获得绿卡后,“意图聘用” 他到 自己的实验室,或者公司工作的信。 这封信完全不同于正式的 “Job Offer”。 美国 移民局的基本要求是, 出具这封信的 “意图” 必须是真实的。 但是EB1A申请人在获 得绿卡,进入美国后, 并非必须到提供此信的实验室,或者公司工作。 他是有自由选 择工作的权利的。 因为这封 “Intent to Offer”a Job 的信并非一份卖身契,将 EB1A申请人绑定与任何一个雇主。 而对于出具这封信的教授或者公司,也没有权利强 迫EB1A申请人一定要去工作。 EB1A申请人是可以在持绿卡入境后,自由选择其他本领 域的工作的。 以下文章解释了这一特殊证据要求的细节供您参考。 Since our law firm has received some email inquiries from prospective applicants living abroad (in China or in other countries outside of the United States), we have made a summary of what they need to be aware of, prior to initiating application preparation abroad for EB1A/EB1B or EB2NIW petitions, as follows: 1. If a qualified Chinese national who does NOT work in the United States and resides outside of the United States wants to apply for a green card through EB1A/EB1B or EB2NIW application, the applicant needs a letter of intent to offer a job in his/her field of specialty from a prospective U.S. employer such as a university or private company in the United States. A 'Letter of Intent to Offer' is different from a firm "Job Offer" letter. The letter only needs to show the applicant's intent to work in his/her field of specialty after he/she gets green card in the United States. It needs to state that 1) the applicant will be offered a research position by a prospective U.S. employer on the condition that he/she becomes a US Permanent Resident, and 2) the applicant will continue to work in his/her area of specialty and his work serves the national interests of the United States. The letter can be written and signed by a professor or expert who has his or her research lab or research project at a U.S. university, research laboratory, or research institution. It does NOT need to be signed by the HR office or an official from a hiring office of a university in the United States. The contents of the letter needs to be as specific as possible. Because this letter is to show the intent of the green card applicant to work in his or her area of specialty and serves the national interest in the United States after he or she gets the green card, the U.S. CIS requires that the “Intent” shall be true and genuine. But, this letter of “Intent to Offer” a research or work position is NOT an indenture to bind the green card applicant to work for the person or the entity who provides this letter of intent. The green card applicant will be free to work for other persons or employers in the United States after he or she is admitted as a permanent resident in the States. In the same token , the person or the entity will NOT be bound to have the green card applicant to work for him or for the company if the green card applicant wishes to work for others at his or her free will. 2. Upon approval of application for U.S. permanent residence through EB1 or EB2NIW petitions, our law firm will help the client/applicant abroad to coordinate with the USCIS and the National Visa Center, to schedule an immigrant visa interview in the U.S. Consulate abroad. The principal applicant and his or her family members (spouse and unmarried child under 21 years old) will get their green card stamp on their passport in the U.S. Consulate abroad. When they come to the United States, the immigration officers in the airport will inform them of the production and mailing of their plastic green card to their U.S. permanent address. Our law firm has substantial experience for more than 20 years to help postdoctoral researchers, professors, engineers, and other advanced degree professionals apply for green card applications in EB1A, EB1B and EB2NIW. For more information, you can visit our website at www.sunlawfirm.us. We provide Free Evaluation services. If you are interested in a Green Card application, please email us your resume, the number of citations of your works, and your main contributions to [email protected]/* */ Subject: Green Card Application. Alice H. Sun (Member of American Immigration Lawyers Association) Law Offices of Sun 12100 Wilshire Blvd., Suite 650 Los Angeles, CA 90025 Tel: (310) 481-6118 Fax: (310) 481-6117 [email protected]/* */, http://www.sunlawfirm.us. Disclaimer: The above newsletter information is general information. They are NOT legal consultations for any specific cases or legal issues.