EB-1A Extraordinary Ability
What is the EB-1A
The EB-1A visa is for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics. This sub-category is ideal for those who have risen to the very top of their field and can demonstrate sustained national or international acclaim.
Benefits of the EB-1A Visa
The EB-1A Visa offers numerous benefits for beneficiaries, including:
- Self Sponsorship: Not required to obtain a job-offer or have a U.S. employer. The EB-1A can be self petitioned
- No Labor Certification: One of the most notable advantages of the EB-1A visa is that it does not require a labor certification. This means that applicants do not need to go through the lengthy and often complicated process of proving that there are no qualified U.S. workers available for the position.
- Premium processing: Applicants can expedite the processing of their visa petitions for an additional fee. With premium processing, applicants can receive a response from USCIS within 15 calendar days.
- Path to Citizenship: EB-1A Green Card holders can apply for U.S. citizenship after five years.
Eligibility Criteria for the EB-1A
To qualify for the EB-1A visa, applicants must provide evidence of either a one-time achievement (such as a major internationally recognized award) or at least three of the following criteria:
- Receipt of lesser nationally or internationally recognized prizes or awards for excellence.
- Membership in associations that require outstanding achievements for their members.
- Published material about the applicant in professional or major trade publications or other major media.
- Participation as a judge of the work of others in the field.
- Original contributions of major significance to the field.
- Authorship of scholarly articles in professional journals or other major media.
- Display of the applicant’s work at artistic exhibitions or showcases.
- Performance in a leading or critical role for organizations or establishments with a distinguished reputation.
- High salary or other significantly high remuneration for services in relation to others in the field.
- Commercial successes in the performing arts.
Visa Bulletin
The Visa Bulletin is a monthly publication issued by the U.S. Department of State that provides critical information regarding the availability of immigrant visas (green cards) for various categories of applicants. It outlines the Final Action Dates and Dates for Filing, which help applicants understand when they can proceed with their green card applications based on their priority dates.
The priority date is established when the U.S. citizen files Form I-140, Immigrant Petition for Alien Workers. This date serves as the applicant’s place in the visa queue, which is essential because the number of visas available in this category is limited.
The Final Action Date indicates when an immigrant visa number is available for issuance. If an applicant’s priority date is earlier than the Final Action Date listed for the Employment 1st category, they are eligible to receive their green card that month.
Conversely, the Dates for Filing chart specifies the earliest dates when applicants can submit their green card applications, even if their priority date is not yet current according to the Final Action Date. This allows applicants to prepare and file their applications in advance, which can help expedite the process once their priority date becomes current.
This process can often involve significant waiting periods, depending on the demand for visas in the Employment 1st category and the applicant’s country of origin.
Validity Period
The Green Card is typically issued as a permanent resident card, the card itself is valid for 10 years from the date of issuance.
What We Do
- Provide assistance in preparing and filing Form I-140 on behalf of an applicant or company.
- Review applications to identify potential concerns that may affect the outcome of the application
- Provide assistance to EB-1A Visa holders apply with the National Visa Center or Form I-485 Adjustment of Status.
The Employment EB-1A Visa is an essential pathway for foreign nationals with extraordinary ability to obtain permanent residency in the United States.
Why Choose Us?
- Expert Guidance: Our knowledgeable attorneys will walk you through the entire process, answering any questions you may have along the way.
- Tailored Support: We take the time to understand your specific circumstances and provide solutions that fit your needs.
- Peace of Mind: With our support, you can feel confident that your application is in good hands.
Are you an individual with extraordinary abilities or outstanding achievements in your field? Contact our law firm today to schedule a consultation with one of our experienced immigration attorneys.
Application Process for the Employment EB-1A
Step 1 | Filing Form I-140, Immigrant Petition for Alien Workers Form I-140, Immigrant Petition for Alien Worker may be filed by the beneficiary or by a U.S. Company with U.S. Citizenship and Immigration Services (USCIS). |
Step 2 | Waiting for Priority Date After USCIS approves Form I-140 petition, the applicant must wait for their priority date to become current. The priority date is the date the petition was filed, and visas are issued based on this date. The Department of State’s Visa Bulletin provides monthly updates on visa availability. |
Step 3 | Consular Processing or Adjustment of Status Consular Processing (Outside the U.S.)
Adjustment of Status (Within the U.S.)
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Frequently Asked Questions
EB-1A
- Do I need a job offer to apply for an EB-1A Green Card?
No, a job offer is not required to apply for an EB-1A Green Card. You can self-petition, meaning you can apply on your own without needing an employer to sponsor you.
- How long does it take to get an EB-1A Green Card?
Processing times can vary based on USCIS workload and other factors. However, the EB-1A category is generally faster than other employment-based Green Cards because it does not require a labor certification. The process can take several months to over a year, depending on the specifics of your case.
- Can my family members also get Green Cards if I obtain an EB-1A Green Card?
Yes, your spouse and unmarried children under 21 years old can apply for Green Cards as your dependents. They can adjust status in the U.S. or go through consular processing if they are outside the U.S.
- What happens if my EB-1A petition is denied?
If your EB-1A petition is denied, USCIS will provide a written explanation. You may have the option to file an appeal, or you can submit a motion to reopen or reconsider the case depending on the reasons for denial.
- Can I apply for U.S. citizenship after obtaining an EB-1A Green Card?
Yes, after holding your Green Card for five years (or three years if married to a U.S. citizen), you may be eligible to apply for U.S. citizenship through the naturalization process.
- What distinguishes EB-1A from other EB-1 categories?
EB-1A is for individuals with extraordinary ability, allowing them to self-petition without a job offer. The other EB-1 categories, such as EB-1B (Outstanding Professors and Researchers) and EB-1C (Multinational Executives and Managers), require employer sponsorship and have different eligibility criteria.
- Is there a limit to the number of EB-1A Green Cards issued each year?
Yes, like other employment-based Green Cards, EB-1A visas are subject to annual numerical limits. However, because of the high standards required for eligibility, competition within this category is typically less intense compared to other categories.
