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IMMIGRATION                                                              APRIL 22, 2022  |   The Indian Eye 40






           Using U.S. Immigration Law



                         to Undermine putin

















        BY CYRuS D. MEHTA AND      for them. However, immi-   tion law expertise in creative-  Offering Russian nationals   lated contributions of ma-
                                   gration can serve another im-  ly finding pathways for Rus-  a streamlined process for   jor significance to the field
        KAITLYN BOx
                                   portant function, as well. One  sians opposing Putin to come   immigration to the United  • Evidence of your author-
                                   can harness immigration ave-  to the US.               States,  as  well  as  connect-  ship of scholarly articles
             ince Russia’s invasion   nues that are already open to   In recent weeks, Putin   ing them to employers and   in professional or major
             of Ukraine in late Feb-
        Sruary 2022, there has     Russian citizens  to welcome  has cracked down on those   universities in the country,   trade publications or other
                                                                                          would assist in attracting top
                                                                                                                       major media
                                   Russia’s “best and brightest”  within the country who ob-
        rightly been much discussion   to the United States, thereby  ject to the war, targeting   talent.           • Evidence  that your  work
        of how to assist the Ukraine   undermining Putin’s tyranni-  journalists who even refer to   In the current absence   has been displayed  at  ar-
        and its citizens. The United   cal  regime.  While  immigra-  the operations in Ukraine as   of targeted programs for   tistic exhibitions or show-
        States’ immigration laws can   tion attorneys and advocates  a “war” or “conflict”.  Many   fleeing  Russians,  however,   cases
        plainly be employed to assist   may not be able help cou-  educated  Russians  who  existing immigration options  • Evidence of your perfor-
        Ukrainian nationals who wish   rageous Ukrainians in the  impose the war have been   can help fleeing Russian na-  mance of a leading or crit-
        to seek refuge in the United   battlefield, we can help their  forced to leave the coun-  tional who wish to relocate   ical role in distinguished
        States, including extending   cause by using our immigra-  try out of fear of arrest or   to the United States. Rus-  organizations
        Temporary Protected Status
                                                                 worse. With more and     sian nationals of extraordi-  • Evidence that you com-
                                                                  more  companies  and    nary ability in the sciences,   mand a high salary or other
                                                                  institutions withdraw-  arts, education, business,   significantly high remuner-
                                                                  ing from Russia, many   or athletics may be eligible   ation in relation to others
                                                                  also  find  themselves   for an employment-based,    in the field
                                                                  concerned about the fu-  first-preference  visa.  In  or-  • Evidence of your commer-
                                                                  ture of their career and   der to obtain an EB-1 visa,   cial successes in the per-
                                                                  ability to earn a living.   one must provide evidence   forming arts
                                                                  Along with journalists,   of a one-time achievement   A noncitizen of extraor-
                                                                  bloggers, and activists,   of  major,  international-  dinary ability must also be
                                                                  I.T. professionals and   ly-recognized award on the  able to demonstrate that she
                                                                  other creatives have    level of an Oscar or Pulitzer  intends to continue work-
                                                                  been leaving Russia in   Prize, or meet 3 of the fol-  ing in her area of expertise.
                                                                  droves since the onset   lowing 10 criteria:       Importantly, no offer of em-
                                                                  of the war.             • Evidence of receipt of less-  ployment or labor certifica-
                                                                      Offering  Russian    er nationally or interna-  tion is required for an EB-1
                                                                  nationals  who  oppose   tionally recognized prizes  visa.
                                                                  the war a safe harbor    or awards for excellence     Similarly, highly talent-
                                                                  is a worthy objective in   • Evidence of your member-  ed Russian nationals could
                                                                  and of itself, but attract-  ship in associations in the  consider applying for an O-1
                                                                  ing Russian talent to the   field  which  demand  out-  visa, the nonimmigrant par-
                                                                  United States can serve   standing achievement of  allel to an EB-1 visa, as the
                     m of                                         another goal as well –   their members             O-1 visa can be effectuated
          CYRUS D. MEHTA & PARTNERS PLLC                          undermining the Krem-   • Evidence of published ma-  more rapidly. Individuals
                                                                  lin’s  power  and  influ-
                                                                                           terial about you in profes-
                                                                                                                     with an extraordinary ability
                                                                                             ence. The United States   sional or major trade pub-  in  the sciences, education,
          
                          
  	                            
             would  undoubtedly  lications or other major  business,  or  athletics  may
                                                                  benefit  from  an  influx   media                  be eligible for an O-1A visa,
             	                                 
                      
                                                   
             ­       of Russian scientists,   • Evidence that you have  while those with an extraor-
               €   
              ‚                                              
                                                                  researchers, I.T. profes-  been asked to judge the  dinary ability in the arts or
                                                                  sionals and other skilled   work of others, either indi-  extraordinary achievement
                                                                  workers, and the Rus-    vidually or on a panel    in motion picture or televi-
                                                                  sian military and econ-  • Evidence of your original  sion industry may be eligible
          2              6th Floor                                omy would suffer  from   scientific,  scholarly,  artis-  for an O-1B visa. A U.S. em-
                                                                  the loss of this talent.   tic, athletic, or business-re-  ployer must file an O-1 peti-Continued at next page... >>
           
     
        	
     
         
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