It’s Spring and I’m Back
I come here every few weeks and say, “It’s been forever and this is why!” as thought I have a line of people waiting for my news. Ha. Admittedly I am probably speaking more to myself. The last time I wrote was the beginning of winter and now it’s the beginning of Spring. Why the 3 month hiatus?
Answer: the all-consuming work cave that is preparing for my EB1A Artist Green card (detailed further down) for the last several months. And years, really. I had been wondering why I’ve been feeling so creatively blocked lately, and the answer is this case.
Over the years, when lamenting over the stress and cost of yet another visa renewal I have had many well-meaning American friends and colleagues look at me confused and say, “Another visa? Aren’t you just a citizen now? You’ve been here for so long.” I wish it worked like that, but alas, US Immigration is a big government beast, with many rules, regulations, fees, politics and prejudices.
Being here for a long time + being Canadian does not equal citizenship, or even residency. Any length of time in the US does not equal citizenship or residency for anyone.I pay taxes and cannot vote and I was nowhere close to being a citizen.
While in most ways, I am near the top of the immigration privilege food chain (from Canada, white, and a Masters Degree holder from a US institution), this journey has been anything but easy or straightforward.
I hope the following is a tiny illumination of the work immigrants face to build a life in a country that is not their own.
18 Years in the US. 6 Visas (F-1, OPT, H1B twice, O1 three times, roughly $35,000 spent on immigration fees, lawyers and sponsor costs in that time). And now one big EB1A Green Card Application (which is costing me roughly $14,000).
Proving My “Extraordinary Ability”
I have had to prove my “extraordinary ability” as a photographer since 2015 on the O1 Extraordinary Ability Visa. And I do have to admit one thing: it has kept a fire lit under me like nothing else. I have had no choice but to go after every opportunity, exhibition, piece of press, contract, etc because I’ve had to prove my “extraordinary ability” every 3 years to the government that I am worthy enough to remain here. While in some ways, I have been grateful for the external push, it has also been incredibly grueling at times. And very expensive. And now for my Green Card. Similar type proof, but it’s like my O1 visa applications on steroids.
Criteria for the EB1A Green Card
I had to meet a minimum of three of the list below, and the more you have, the stronger your case is. We are submitting for 2, 3, 4, 5, 7, and 8. Exciting that I meet so many of the categories, the anxiety comes in because it is *not* a guaranteed approval.
The case is being prepared by my Immigration Sponsor, who I have been working with since 2014, and I am grateful for her constant communication and encouragement.
Awards: Receipt of nationally or internationally recognized prizes or awards for excellence in your field.
Memberships: Membership in associations in your field that require outstanding achievements of their members.
Published Articles Written by Others About Your Work: Published material about your work in professional or major trade publications or other major media, AND impressive circulation/web traffic numbers.
Peer Review Activities: Evidence of your participation, either individually or on a panel, as a judge of the work of others in your field.
Original Contributions: Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.
Published Scholarly Articles Written by You: Evidence of your authorship of scholarly articles in the field, in professional or major trade publications or other major media.
Artistic Exhibitions/Showcases: Evidence of the display of your work in the field at artistic exhibitions or showcases.
Critical Role: Evidence that you have performed in a leading or critical role for organizations that have a distinguished reputation.
Comparatively High Salary: Evidence you have commanded a high salary or other significantly high compensation for services, in relation to others in your field.
Commercial Success: Evidence of your commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.
“In order to prove the above criteria, you will need testimonials from past employers and experts in your field describing your extraordinary ability and outstanding achievements. Unlike with the O1 visa, testimonials are not a criterion but an element that helps bind all the elements of the application together. You will also need letters of intent and deal memos from future employers, similar to the ones included in the O1 visa itinerary, which need to be supported with additional documentation that proves the distinction that these employers have in your field.Once your EB1A status is approved, you will need to apply for a change of status. You will need to submit the USCIS Form I-485 along with a long list of documents to prove you are heathy and financially independent, including proof of income, 3 years of tax returns, credit score, bank statements, prove of health insurance, medical examination and vaccination record, and other documents.”
I think that explains why I’ve been so absent. I’ll have an answer in about 3-4 weeks. Until then, I can finally turn back to making photos again. Wish me luck