Greenville, KY asked in Immigration Law for Kentucky

Q: I met a man in Kenya. He is 25 now. We have been in contact for years as family-son relationship. Can he immigrate? How?

He does not have a high school diploma. He works as a chef. He has had training in this. We have known each other about 6 years and met at the Fiwagoh Orphanage 2 times. We have been in contact since that time, and I could never find a visa category that seemed to fit. Is this impossible?

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1 Lawyer Answer
Carl Shusterman
Carl Shusterman
  • Immigration Law Lawyer
  • Los Angeles, CA

A: We represent chefs and get them O visas. However, this category is only for chefs of "extraordinary ability".

A US employer should file the petition (Form I-129) with:

A written advisory opinion from a peer group (including labor organizations) or a person designated by the group with expertise in the alien’s area of ability;

A copy of any written contract between the employer and the alien or a summary of the terms of the oral agreement under which the alien will be employed;

Evidence that the alien has received a major, internationally-recognized award, such as a Nobel Prize, or evidence of at least three of the following:

Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;

Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized international experts;

Published material in professional or major trade publications, newspapers or other major media about the alien and his work in the field for which classification is sought;

Original scientific, scholarly, or business-related contributions of major significance in the field;

Authorship of scholarly articles in professional journals or other major media in the field for which classification is sought;

A high salary or other remuneration for services as evidenced by contracts or other reliable evidence;

Participation on a panel, or individually, as a judge of the work of others in the same or in a field of specialization allied to that field for which classification is sought;

Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.

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