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IMMIGRATION MAY 10, 2024 | The Indian Eye 51

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journals with an international cir- 204.5(k)(3)(ii): ed a salary or other remuneration to sponsor a noncitizen employee
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culation; and • Official academic record showing for services that demonstrates your for permanent residence without
• Evidence of the display of the ben- that you have a degree, diploma, exceptional ability going through the lengthy labor cer-
eficiary’s work, in the field, at ar- certificate, or similar award from a • Membership in a professional as- tification process in addition to the
tistic exhibitions in more than one college, university, school, or other sociation(s) person extraordinary ability under
country. institution of learning relating to • Recognition for your achieve- the Employment-Based First Prefer-
It is also important ensure that your area of exceptional ability ments and significant contribu- ence (EB-1) or the National Interest
the “exceptional ability” criteria for • Letters from current or former tions to your industry or field by Waiver under EB-2.
your peers, government entities,
Schedule A, Group II are not con- employers documenting at least tions From SmartTV Download ZingoTV App
*Kaitlyn Box is a
flated with the criteria for an em- 10 years of full-time experience in professional or business organiza- Senior Associate at Cyrus D. Mehta
ployment-based, second preference your occupation & Partners PLLC.
visa based on exceptional ability. • A license to practice your profes- Other comparable evidence of
sion or certification for your pro- eligibility is also acceptable. [This blog is only for informational
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fession or occupation
Schedule A, Group II, provides purposes and should not be relied upon
In order to qualify for Employ- • Evidence that you have command- an alternative basis for an employer as a substitute for legal advice].
ment-Based Second Preference _________________________________________________________________________________________________________
(EB-2) classification, a nonciti- Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus
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zen must hold an advanced de- D. Mehta & Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task
gree or equivalent, or “be able Force; AILA’s EB-5 Committee; former chair of AILA’s Ethics Committee; special counsel on immigration matters
to show exceptional ability in to the Departmental Disciplinary Committee, Appellate Division, First Department, New York; member of the ABA
Commission on Immigration; board member of Volunteers for Legal Services and board member of New York Immi-
the sciences, arts, or business”. gration Coalition. Mr. Mehta is the former chair of the Board of Trustees of the American Immigration Council and
former chair of the Committee on Immigration and Nationality Law of the New York City Bar Association. He is a
Exceptional ability for EB-2 pur-
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poses is defined as “degree of exper- frequent speaker and writer on various immigration-related issues, including on ethics, and is also an adjunct profes-
tise significantly above that ordinari- sor of law at Brooklyn Law School, where he teaches a course entitled Immigration and Work. Mr. Mehta received
ly encountered in the sciences, arts, the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice of immigration law and the AILA
or business”. 2011 Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation in the immi-
Beneficiaries must also demon- gration field. He has also received two AILA Presidential Commendations in 2010 and 2016. Mr. Mehta is ranked
strate that they meet at least three among the most highly regarded lawyers in North America by Who’s Who Legal – Corporate Immigration Law 2019
of the six criteria outlined in 8 CFR on your browser and watch IndiaLife TV 24 Hours
and is also ranked in Chambers USA and Chambers Global 2019 in immigration law, among other rankings.

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