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IMMIGRATION                                                               MAY 13, 2022  |    The Indian Eye 42








             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-
           
     
        	
     
         
              

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