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Professional or Exceptional Ability Registration Receipt Card

American SamoaTalent and merit

Explore the five recorded questions, answers and sources for this pathway.

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Which exceptional-talent, academic, scientific, artistic, technological, cultural or other profiles does the pathway target?

The route targets two profiles in one preference category: qualified aliens who are members of the professions, and people who because of their exceptional ability in the sciences or the arts will substantially benefit prospectively the economy, cultural interests, or welfare of American Samoa. The statute's non-exhaustive list of professions includes architects, engineers, lawyers, physicians, surgeons, and teachers in elementary or secondary schools, colleges, academics, or seminaries.

See recorded sources
  • A.S.C.A. 41.0303(a)(4)
    to qualified aliens who are members of the professions or who because of their exceptional ability in the sciences or the arts will substantially benefit prospectively the economy, cultural interests, or welfare of American Samoa
  • A.S.C.A. 41.0303(a)(4)
    "professions" shall include but not be limited to architects, engineers, lawyers, physicians, surgeons, and teachers in elementary or secondary schools, colleges, academics, or seminaries;

What achievements, recognition, awards, publications, reputation or other evidence establishes the required level?

The statute covers qualified members of the professions or people whose exceptional ability in the sciences or arts will prospectively benefit American Samoa's economy, cultural interests or welfare, and whose services are sought by an employer in American Samoa. The applicant must establish entitlement to preference status to the immigration officer's satisfaction. The official source does not state the required recognition documents or the assessment method.

See recorded sources
Limits of the record
  • The required recognition documents and any detailed assessment method remain unestablished; no absence of scoring or documentary tests is asserted.
  • A.S.C.A. 41.0303(a)(4)
    American Samoans are at least 21 years old; (4) next in a number not to exceed 10 percent of the number specified in 41.0301, plus any registration receipt cards not required for the classes specified in paragraphs (1) through (3), to qualified aliens who are members of the professions or who because of their exceptional ability in the sciences or the arts will substantially benefit prospectively the economy, cultural interests, or welfare of American Samoa and whose services in the professions, sciences, or arts are sought by an employer in American Samoa; and "professions" shall include but not be limited to architects, engineers, lawyers, physicians, surgeons, and teachers in elementary or secondary schools, colleges, academics, or seminaries; (5) next in a number not to exceed 24 percent of the number spec
  • A.S.C.A. 41.0303(d)
    ubsection (a). (c) Order of issuance cards. Registration receipt cards issued pursuant to paragraphs (1) through (6) of subsection (a) shall be issued to eligible persons in the order in which an application for registration in behalf of each such person is filed with the Attorney General as provided in this chapter. (d) Presumption of nonpreference status. Every application for a registration receipt card shall be presumed to be a nonpreference applicant until he establishes to the satisfaction of the immigration officer that he is entitled to a preference status under paragraphs (1) through (7) of subsection (a) or that he is an immediate relative of an American Samoan as specified in 41.0301(b). History: 1984, PL 18-52 s 2.

Is an employer, nominator, recognised body, peer group or government endorsement required?

Yes. The category is limited to people whose services in the professions, sciences or arts are sought by an employer in American Samoa; there is no provision for applying on the strength of the applicant's record alone. Every person applying to the Board to remain in American Samoa must have a sponsor, and Immigration Board policy is that the employer shall be the sponsor of all alien employees unless a sufficient reason appears to the Board for allowing another person to sponsor the alien.

See recorded sources
  • A.S.C.A. 41.0303(a)(4)
    and whose services in the professions, sciences, or arts are sought by an employer in American Samoa;
  • A.S.C.A. 41.0408(a)
    Every person who applies for permission from the Board to remain in American Samoa is required to have a sponsor.
  • ASAC 41.0407 Forms
    P45 Petition to Classify Preference Status of Alien on Basis of Profession or Occupation

Can the holder change employer, work independently, establish a business or conduct other professional activity? What is the family position?

A holder who ceases to hold the professional, business, employment, matrimonial or other status that entitled him to enter or remain is deemed to be seeking entry from that date, and if the Attorney General is not notified within 15 days, the presence of the holder and his family and dependants becomes unlawful. Immigration Board policy is not to approve aliens for sole proprietorships, but aliens may be partners, founders or stockholders in partnerships or corporations. A spouse or child is entitled to the same status and order of consideration if accompanying or following to join.

See recorded sources
  • A.S.C.A. 41.0303(a)(9)
    be entitled to the same status, and the same order of consideration provided in subsection (b), if accompanying, or following to join, his spouse or parent.
  • ASAC 41.0327 Business license
    It is the policy of the board not to approve aliens for sole proprietorships for a business license. Aliens may be partners or founders or stockholders in partnerships or corporations pursuant to Title 30 A.S.C.A.

What duration, renewal and accelerated or normal longer-term residence pathway is officially stated?

The certificate of alien registration receipt card is issued for a period not exceeding 12 months from issuance (A.S.C.A. 41.0309(a)). The ordinary long-residence basis in A.S.C.A. 41.0403 requires 20 years physically and legally present and good moral character, with a cap of 50 grants a year on that basis. The official source does not state a renewal procedure for the certificate.

See recorded sources
Limits of the record
    • A.S.C.A.41.0309(a); permanent-resident exception in(b)
      (a) Except as provided herein, every alien in America Samoa who has been registered and photographed under this chapter shall be issued a certificate of alien registration receipt card for a period of time not to exceed 12 months, from the date of issuance, in such form and manner, and at such time, as shall be prescribed under regulations issued by the Attorney General.
    • A.S.C.A. 41.0403(a)(1)
      any person who is physically and legally present in American Samoa for a continuous period of at least 20 years and of good moral character;
    • A.S.C.A. 41.0403(b)
      The number of persons who may be granted the status of permanent resident in any fiscal year shall not exceed 50.

    These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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