Straightforward EB1-1 case?

[Nathan Mckenna 1]

Hi everyone,

Hoping to seek some advice. I've been told I have a straightforward case for EB1-1. So I'm wondering if I can avoid $5-6k in legal fees. Can anyone please confirm this is true and let me know if I'm likely to succeed based on details below?

• I'm an Emmy award winning Illustrator from the UK. I was one of four people in my team who received an Emmy (Outstanding Main Title Design 2013 ) regardless, I have a statue with my name on it (attached). I also have the Emmy nomination invite personally addressed to me. I'm one of only 3 illustrators to ever win an Emmy.
• Apparently, an Emmy can pass for "a major internationally recognized award" and that's all I need to prove my "extraordinary ability". I was told "Emmy" is actually in the legal statute as one of the examples, along with Nobel Prize, Academy Award, etc.

I have a BAFTA nomination this year but the only proof so far is on the BAFTA website. I haven't received any mail yet but I'll be attending the ceremony on April 26th. Link: http://awards.bafta.org/award/2015/tvcraft/titles

The only other part I need to prove is my intention to continue in my field of Illustration once I arrive in the States.

Are all these assumptions correct or am I missing something?

• What exactly do I need to do to "prove intention to continue in my field"?
• If it's simply a cover letter detailing which companies and individuals I intend to contact then how detailed should I be?
• I know quite a few people who can link me to companies and individuals so I think it shouldn't be a problem getting some letters from prospective employers, galleries, etc. But do they all need to be hand signed with company letterheads, etc, or will email correspondence be sufficient?
• If I pay for premium processing and file everything within the next 2 weeks, how soon can I travel to the States as an intending immigrant?

If there are any artists here with similar cases can you please share your experience with me and let me know the steps you took or point me to a useful link that details the steps - I've been researching for about a week, struggling quite a bit! :-/

I very much appreciate any help. I'm really glad this forum exists and I hope I can be of a help to anyone in the near future!

Nathan

[Boiler 43,401]

EB 1a is the category I think you are looking at.

I have never come across anybody diy ing this, by its very nature those in this category normally have people who sort things out for them.

You could try Britishexpats.com

[sandraPro 3]

Yes, Nathan Mckenna. I went through the same process.

All your assumptions are correct.

Emails from prospective employer are enough. I provided two. They happened to be a little more formal.

Look at my timeline. Consular processing takes about 2-3 months.

I think, you qualify. If you file next week and things go well, you should get the visa (equivalent to green card) in your passport around early July.

One concern: I would ask a lawyer to prepare a legal proof that Emmy award (in particular) and Bafta awards are equivalent to Nobel prize level.

Just to be on the safe side.

Edited April 12, 2015 by sandraPro

[sandraPro 3]

Yes, Nathan Mckenna. I went through the same process.

All your assumptions are correct.

Emails from prospective employer are enough. I provided two. They happened to be a little more formal.

Look at my timeline. Consular processing takes about 2-3 months.

I think, you qualify. If you file next week and things go well, you should get the visa (equivalent to green card) in your passport around early July.

One concern: I would ask a lawyer to prepare a legal proof that Emmy award (in particular) and Bafta awards are equivalent to Nobel prize level.

Just to be on the safe side.

PS: If you decide to file the petition, make sure to request police certificates asap to speed up the consular processing part.

[Nathan Mckenna 1]

SandraPro, thank you for your reply!

So, you used an attorney in the beginning with your I-140? Was this expensive and/or difficult? Did you supply proof of your "internationally recognized" award, a cover letter and a few emails only?

I haven't seen any mention of police certificates in the application requirements so far. Is this something immigration must see at some point in the process?

Sorry, so many questions. Thank you for your help.

[sandraPro 3]

SandraPro, thank you for your reply!

So, you used an attorney in the beginning with your I-140? Was this expensive and/or difficult? Did you supply proof of your "internationally recognized" award, a cover letter and a few emails only?

I haven't seen any mention of police certificates in the application requirements so far. Is this something immigration must see at some point in the process?

Sorry, so many questions. Thank you for your help.

Nathan: all good questions. Yes, an attorney was necessary in my case. And yes, this is what we did, although my proving evidence was kind of lengthy. Emmy-related proof will be short, I think.

EB-1 and consular processing at the same time is not a unique situation, but happening very rarely.

USCIS:

I strongly believe that your Emmy Award gives you a quick walk through USCIS. Just to be sure, I would ask an attorney for a consultation. The attorney should be able to write a recommendation letter for you stating the value of an Emmy in legal terms and according to USCIS standards.

Then, you can go ahead and prepare the rest of the application yourself. You need to draft a (1) self-petition letter on your accomplishments, (2) cover letter to USCIS, (3) get one or two emails from the US organizations that they have interest in employing you (just to be safe, there is no obligation for this evidence), and (4) provide evidence that you won Emmy (you probably do not have to 3D reprint the statue ). All easy.

After USCIS: the case goes to NVC and this is the stage when you need police certificates from all countries where you spent more than half a year since being 16 years old. Since your case should be smoothly approved in premium processing at USCIS, there will be a quick turnaround and soon enough you will have to send the copies of the certificates (plus other civil documents) to NVC.

Edited April 12, 2015 by sandraPro

[sandraPro 3]

Nathan: all good questions. Yes, an attorney was necessary in my case. And yes, this is what we did, although my proving evidence was kind of lengthy. Emmy-related proof will be short, I think.

EB-1 and consular processing at the same time is not a unique situation, but happening very rarely.

USCIS:

I strongly believe that your Emmy Award gives you a quick walk through USCIS. Just to be sure, I would ask an attorney for a consultation. The attorney should be able to write a recommendation letter for you stating the value of an Emmy in legal terms and according to USCIS standards.

Then, you can go ahead and prepare the rest of the application yourself. You need to draft a (1) self-petition letter on your accomplishments, (2) cover letter to USCIS, (3) get one or two emails from the US organizations that they have interest in employing you (just to be safe, there is no obligation for this evidence), and (4) provide evidence that you won Emmy (you probably do not have to 3D reprint the statue ). All easy.

After USCIS: the case goes to NVC and this is the stage when you need police certificates from all countries where you spent more than half a year since being 16 years old. Since your case should be smoothly approved in premium processing at USCIS, there will be a quick turnaround and soon enough you will have to send the copies of the certificates (plus other civil documents) to NVC.

Ah yes, preparing the USCIS part was not complicated. Took us 2 weeks. But this is because I am really blessed with exceptional, prompt, and caring people in my professional life.

Edited April 12, 2015 by sandraPro

[Johan_nashtn 0]

Hi guys,

Im also dealing with the "artist"-visa issue.

What I found is the O-1 Visa. The EB-1 always seemed like a permanent solution (green card) AFTER you already have the O-1.

Are you holding an O-1 or does "straighforward" imply that you can skip the O-1 and go straight to the permanent solution ?

thanks

[Lilkz42 0]

I would provide as much information on what an "Emmy" is as well as other persons who have won such an award even if not in your category (at the end of the day an Emmy is an Emmy) also the invitation letters are great. Reference letters from top industry persons are always great. I would also provide additional press information on you and your work- even though that's normally required in the other categories, I think it will go a long way in establishing you and your case.

Did you have an o visa before or are you filing for the green card right off the bat? Is that possible?

Edited July 12, 2015 by Lilkz42

[Boiler 43,401]

There is no need to go through a work visa.