Basic EB-1A requirements
Of all of the green card options, the EB1A is one of the most esteemed and difficult to acquire. Receiving the EB1A Visa indicates that you have risen to the top of your field and have sustained national or international acclaim.
In order to be approved for an EB1A Visa, the petitioner should satisfy the following basic requirements:
- The foreign individual has sustained national or international acclaim for his/her work.
- The foreign individual will continue to operate in the field or venture in which he or she has attained recognition once in the United States.
- The foreign individual’s presence will benefit the United States.
Many of these qualifications are subjective and situational, so always consult an immigration lawyer with extensive EB1A experience before filing your petition.
Extraordinary ability
A distinguishing factor of the EB1A Visa is the requirement of “extraordinary ability”. To satisfy this requirement, the prospect must be able to reveal that he or she is among a small portion of individuals who have risen to the top of his/her field.
This can be easily confirmed with a significant one-time accomplishment, such as a globally acknowledged award like the Nobel Prize, or an Oscar, Grammy, or Emmy Award. In the absence of a significant one-time accomplishment, a prospect should satisfy at least three of the ten elements listed below:
- 01Performance in a leading or crucial role for establishments or organizations with a prominent track record
- 02Published material about the prospect in professional trade publications or other significant media
- 03Scientific and/or academic contributions of significance in the field
- 04Involvement separately or on a panel as a judge of the work of others in the same or similar field
- 05Authorship of scholarly articles in professional trade publications or other significant media
- 06High income or other considerably high pay for services compared with others in the field
- 07Display of the prospect’s work in events or showcases
- 08Significant prizes or awards in the prospect’s field
- 09Membership in associations requiring outstanding achievements
- 10Commercial success in the performing arts
How to apply
Applying for an EB-1A green card starts with filing Form I-140, Immigrant Petition for Alien Worker, with USCIS. Because the EB-1A is a self-petition category, you do not need an employer sponsor or a labor certification — you can file on your own behalf.
Your petition should include comprehensive evidence of your extraordinary ability: either a major one-time achievement or documentation satisfying at least three of the ten criteria described above, along with proof that you will continue working in your field of expertise in the United States.
Once the I-140 is filed, you can opt for premium processing for a faster decision. If your priority date is current, you can file Form I-485 to adjust status from within the U.S. — or complete consular processing abroad — to receive your green card.
Because evidence selection and presentation can make or break an EB-1A petition, we strongly recommend preparing your application with an experienced immigration attorney.
Processing time
One of the most notable advantages of the EB1-A Visa is the expedited processing time. Other types of green cards not only need a company to go through the PERM procedure, but they likewise have backlogs that can considerably increase the wait time.
When you submit your I-140 petition, that date becomes your priority date. Every month, the Department of State launches a visa bulletin that offers the “last action dates” for that specific month. If your priority date either meets or passes the last action date in your nation, a visa number will appear and you can submit your I-485 application.
When it comes to your I-140 processing time, this greatly depends upon the caseload of the service center that processes your application. Usually it tends to be around 6 months. If this is too long for you, you can opt for premium processing, which reduces your petition’s processing time to 15 business days for an additional cost.
Approval rate
As long as the petitioner provides a complete list of documents that prove his or her qualifications and extraordinary ability, the approval rate is almost 100%. In 2010, that approval rate was at 62% — however, it has gradually increased to the near 100% approval rate we have today.
Due to the intricacy of the EB1A application process, it is very important that candidates retain the services of a skilled immigration lawyer. Path Law Group has substantial legal experience in helping people with EB1A applications and dealing with any issues that might take place.
