Do You Qualify for an EB-1A Green Card? An In-Depth Guide

Table of Contents

1. Introduction
2. Overview of the EB-1A Visa
3. EB-1A Eligibility Criteria
4. Defining Your Field of Expertise
5. Types of Applicants Who May Qualify
6. Alternative Ways to Qualify
7. Addressing Non-First-Place Awards
8. EB-1A Processing Times
9. Conclusion
10. Contact Information
11. FAQs

Introduction

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.

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. 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. A winning case will weave a coherent narrative that includes all of your professional achievements regardless of how disparate they first appear.

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. Or, you can qualify by meeting at least three of the following criteria:

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

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.

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)

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.