EB-1A Visa: Understanding the EB-1A Green Card — Locke Immigration Law

Introduction to Employment Based Visas

Employment-based visas offer foreign nationals the opportunity to live and work in the United States based on their professional skills and achievements. Among the various employment based visa categories, the EB-1A visa stands out as a premier option for individuals with extraordinary ability in the sciences, arts, education, business, or athletics. Unlike many other employment based visas, the EB-1A visa does not require a job offer from a U.S. employer, nor does it require employer sponsorship. Instead, eligible individuals can self petition, demonstrating that they have achieved sustained national or international acclaim in their field. The EB-1A visa category is designed for those who have reached the very top of their profession and intend to continue their work in the United States, making it a highly attractive pathway for those with extraordinary abilities seeking permanent residency.

The EB-1A Green Card

Are you an individual with extraordinary abilities in the sciences, arts, education, business, or athletics? If so, you may be eligible for a green card through an EB-1A I-140 immigrant petition, which would allow you to self-petition for a green card without a sponsoring employer or a labor certification. In this comprehensive guide, we’ll discuss the EB-1A eligibility criteria, profiles of applicants who may qualify, and creative ways to satisfy the requirements.

Consulting an immigration lawyer can help you understand the specific documentation required and how to submit evidence that demonstrates your qualifications and achievements to support your petition.

Overview of the EB-1A Visa

The EB-1A is an employment-based immigrant visa for those who can demonstrate extraordinary ability in their field through sustained national or international recognition. Upon approval of the EB-1A I-140 petition, you can apply for a green card via adjustment of status (from within the United States) or immigrant visa processing (through a U.S. Embassy or Consulate, outside the U.S.). Your spouse and children (under 21 years old) can also pursue their own green cards based on your petition approval.

The Ideal EB-1A Beneficiary

We have successfully filed EB-1A visa petitions for individuals in a wide range of fields, including business executives, IT entrepreneurs, management consultants, fashion designers, filmmakers, scientists, startup founders, and musicians.

Defining Your Field of Expertise

Defining your field of extraordinary ability is crucial for a successful EB-1A petition. For applicants in academia, it is important to clearly define their academic field or particular academic field to show outstanding achievement. We can help you define your specific area of expertise to demonstrate your extraordinary accomplishment in that specialty. It will require a definition broad enough to include your professional highlights, but narrow enough to make it more plausible that you are truly world-class.

For example, for most cases, “dance” would be too broad, but “Irish folk dancing” is too narrow if most of your achievements are in that dance style, but you have also won a tap dancing championship. Likewise, science specialties may have very diverse applications in academic research and the private sector, and your professional background may include accomplishments that do not seem related to each other. Outstanding professors and outstanding researchers must demonstrate international recognition in their particular academic field. A winning case will weave a coherent narrative that includes all of your professional achievements regardless of how disparate they first appear, and to show that you are among the top of his or her field.

EB-1A Eligibility Criteria

To be eligible for an EB-1A immigrant visa, you must intend to continue working in your field of expertise in the United States, whether or not you have already been offered a specific job. You can qualify based on an exceptional one-time achievement, such as winning a Nobel Prize, an Academy Award, or an Olympic medal. A major internationally recognized award or internationally recognized award can also serve as a one-time achievement to prove extraordinary ability. Or, you can qualify by meeting at least three of the following criteria:

Your receipt of nationally or internationally recognized prizes or awards for excellence;
Your membership in associations in your field that require outstanding achievement;
Published material about you in professional or major trade publications or other major media;
Your participation as a judge of the work of others;
Your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
Your authorship of scholarly articles in professional or major trade publications or other major media;
Display of your work at artistic exhibitions or showcases;
Your performance in a leading or critical role in distinguished organizations;
Your command of a high salary or other significantly high remuneration in relation to others in your field;
Your commercial successes in the performing arts.

Applicants must submit documentary evidence to support their eligibility and prove extraordinary ability in their field.

Demonstrating Extraordinary Ability

Proving extraordinary ability for the EB-1A visa requires more than just talent or experience—it demands clear, compelling evidence of outstanding achievements and recognition at the highest levels. Applicants must provide evidence such as internationally recognized prizes or awards, membership in associations that require outstanding achievements, or published material about their work in major trade publications or other prominent media. Additionally, demonstrating a leading or critical role in distinguished organizations, or making original contributions of major significance to the field, can further strengthen an application. The key is to show that you have achieved national or international acclaim and that your accomplishments set you apart from others in your field. Extensive documentation is essential, as the evidence must clearly establish that you have risen to the very top of your profession and continue to play a critical role in your area of expertise.

Labor Certification Exemption

A significant advantage of the EB-1A visa is its exemption from the labor certification process. For most other employment based visas, applicants must go through a labor certification process to prove that there are no qualified U.S. workers available for the position, which can be time-consuming and complex. With the EB-1A, this step is not required. Instead, individuals can apply directly based on their extraordinary ability, streamlining the path to a green card. However, while the labor certification is waived, applicants must still provide robust evidence of their extraordinary ability and demonstrate that they are coming to the United States to continue working in their field. This exemption makes the EB-1A visa a particularly efficient and attractive option for those who meet the high standards of this 1a visa category.

Alternative Ways to Qualify

If you don't meet at least three of the criteria, we can help you explore other means to show extraordinary ability in your field. If success in your field is defined differently than the categories laid out in the regulations, you can submit comparable evidence to establish your eligibility.

Additionally, you could hold off on filing while you seek to obtain prestigious memberships, attract more media coverage, or pursue new opportunities that would increase the strength of your body of evidence.

Final Merits Determination

Once an EB-1A petition is submitted, U.S. Citizenship and Immigration Services (USCIS) conducts a final merits determination. During this process, USCIS carefully reviews all the evidence provided to assess whether the applicant truly meets the rigorous requirements of the EB-1A visa. The agency evaluates the significance of the individual’s achievements, their reputation within their field, and the impact of their work on a national or international scale. The final merits determination is a holistic review, considering the totality of the evidence to decide if the applicant has demonstrated extraordinary ability and is eligible for the 1a visa. If the petition is approved, the foreign national is granted the opportunity to live and work in the United States as a recognized leader in their field.

EB-1A Processing Times

The normal processing time for the I-140 petition under the EB-1A visa category is many months. However, you can file with premium processing for an additional $2,500 filing fee to receive a response from USCIS within 15 days. There is no premium processing available for the adjustment of status application or the immigrant visa process.

Another factor to consider is whether there is a backlog of green cards in your category. You can check the backlog for your country of birth in the EB-1 category on the current Visa Bulletin, published each month by the U.S. Department of State

Conclusion

If you think you may qualify for an EB-1A immigrant visa, please contact us for a consultation. We can evaluate your background and achievements in more detail to help you determine whether you would be a strong candidate for a green card now, or perhaps in the future.

You can schedule a consultation here.

Frequently Asked Questions (FAQs)

What are the main benefits of the EB-1A visa?
A primary benefit of the EB-1A visa is that you can self-petition, meaning you don't need sponsorship from a U.S. employer or labor certification. Further, it offers the quickest available path to a green card. It typically features the shortest backlogs on the Visa Bulletin among all employment-based categories. With Premium Processing, USCIS responds in two weeks.
Do I need to win a major international award to qualify for the EB-1A visa?
No. You can qualify by meeting at least three of the criteria, or by providing comparable evidence that better fits the success metrics in your field.
Can I include my family members in my EB-1A visa petition?
Your EB-1A petition will only be in your name, but your spouse and children (under age 21) can file their own adjustment of status applications together with yours.
What if I don't meet any of the 10 criteria?
We can help you explore alternative means to show your extraordinary ability in your field of expertise, or consider what new evidence you may be able to obtain if you postpone your case. There may also be alternative green card paths available to you.
How long does it take for USCIS to adjudicate the EB-1A petition?
The normal processing time is many months, but you can use premium processing service to receive a response within 15 calendar days. You will get a green card once your petition is approved and your adjustment of status application or immigrant visa is approved.
How do I define my field of expertise for the EB-1A petition?
Defining your field of extraordinary ability is crucial for a successful EB-1A petition. We can help you define your specific area of expertise to demonstrate your extraordinary accomplishment in that specialty. It will require a definition broad enough to include your professional highlights, but narrow enough to make it more plausible that you are truly world-class.

Locke Immigration Law helps American businesses hire skilled foreign nationals to work in the United States.

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Want to learn how to strategically frame your achievements for the EB1A "Extraordinary Ability" visa?

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EB-1A green card