EB-1A
For green card access
Achieve Permanent Residency with the EB-1A
The EB-1A Extraordinary Ability visa is one of only two ways for someone is not a US citizen to gain lawful permanent residence through an employment-based process, without a job offer from a US employer, or a large investment (EB-5), the other being the EB-2 National Interest waiver, or “NIW”. This visa offers a unique opportunity to obtain a green card, allowing individuals to establish permanent residency based on their extraordinary abilities.
The EB-1A visa category is a type of visa for individuals in any field, including athletics, arts, business and sciences who can present evidence to show that they meet the US government’s definition of being “extraordinary.” One can qualify through winning a single internationally recognized award, if one can convince USCIS that the award is truly indicative that the individual is among the small percentage at the top of their field of endeavor.
If the applicant has not won a major internationally recognized award, they must present proof that they meet at least three of ten possible requirements, which can include such evidence as winning major prizes, being featured in major media, playing a leading role for a major organization or winning a high salary or other remuneration. See full list of requirements here.
With the payment of a premium processing fee to the US government, it is possible to have an initial approval in only 15 days.
EB-1A eligibility conditions
The EB-1A extraordinary ability visa requires the foreign national to have won a major international recognized award, or alternatively, to meet a least three of the following to possible criteria :
- Documentation of the non-citizen’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
- Documentation of the non-citizen’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
- Published material about the non-citizen in professional or major trade publications or other major media, relating to the non-citizen’s work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation;
- Evidence of the non-citizen’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought;
- Evidence of the non-citizen’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
- Evidence of the non-citizen’s authorship of scholarly articles in the field, in professional or major trade publications or other major media;
- (vii) Evidence of the display of the non-citizen’s work in the field at artistic exhibitions or showcases;
- Evidence that the non-citizen has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
- Evidence that the non-citizen has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or
- Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.
EB-1A advantages
- Leads directly to a green card, without needing a U.S. job offer or family member to file a petition.
- Fast approval. An initial approval can be issued in only 15 days with the payment of a premium processing fee.
- Can apply to individuals in virtually any field, including business, athletics, arts or science.
- Individuals who qualify for an EB-1A green card very often also qualify for an O-1A temporary work visa if they desire, which can allow them to come to the U.S. within months.
EB-1A disadvantages
- The main disadvantage of the EB-1A green card is its very high evidentiary threshold.
- The EB-1A green card is designed only for those at the very top of their respective fields, and the applicant’s expertise and achievements need to be extensively documented.
- The EB-1A green card also requires “sustained acclaim” which means that individuals who were extraordinary in their fields in the past but who are no longer active in their field will generally not qualify. An example of this is an athlete who was internationally renowned a decade ago but who now no longer competes in the sport.
Why choose Patriot Immigration for your EB-1A visa ?
Our services include :
- A comprehensive review of each client’s professional profile and history, and develop a practical plan to present evidence for as many of the 10 possible criteria as possible, in order to maximize the client’s chance of approval.
- An honest assessment – the EB-1A is a difficult visa, and only a small number of individuals will qualify. We give each client an honest assessment of their chances, so that they can make an informed decision, as well as offer alternative options, as available.
- A personalized list of documents and plan of action to develop the strongest case possible, given the client’s particular facts, history and evidence.
FAQ | EB-1A Visa Legal Support for Exceptional Talent
What is the EB-1A visa?
The EB-1A visa is an employment-based Green Card. It is for people with extraordinary ability in their field, whether it’s the arts, science, sports, education, film, or business. Unlike other visas, the EB-1A does not require an American sponsor : the applicant can apply on an individual basis, referred to as a self-petition, making it a preferred route for international talent wishing to settle in the United States.
What are the requirements to obtain an EB-1A visa?
To be eligible, you must demonstrate extraordinary ability in your field. This can be proven through:
- Nationally or internationally recognized prizes
- membership in associations in the field for which classification is sought, which require outstanding achievement
- Published material about the foreign national in major newspapers or publications
- Serving as a judge or jury member
- Original, significant contributions in the field
- Authoring scholarly articles
- Displaying artistic work in exhibitions or showcases
- Having a leading role in a famous or distinguished organization or company
- Earning high salary
- Commercial successes in the performing arts
It is necessary to meet at least 3 of the 10 official USCIS criteria in order to be approved.
Does the EB-1A visa lead to the Green Card?
Yes. The EB-1A visa falls under the “Employment-Based First Preference” category, which leads directly to the Green Card. Once approved, the holder and their family can live, work, and settle permanently in the United States, without the need for a temporary visa. It is one of the fastest routes to permanent residency for highly skilled professionals.
What is the difference between the EB-1A visa and the O-1 visa?
The two visas have similar requirements. The O-1 visa is a temporary work visa for extraordinary workers , valid for up to 3 years, while the EB-1A visa is a permanent Green Card. The EB-1A is therefore ideal for those who want to move abroad permanently, while the O-1 is more suitable for temporary assignments or one-off artistic projects, or as an initial step towards a green card. Many successful applicants begin their immigration journey with an O-1 visa, and thereafter apply for an EB-1A once their career is well established in the United States, often because the O-1 visa can be obtained much faster.
Should you hire an attorney for an EB-1A visa application?
It is not mandatory, but highly recommended. The process is complex and based on the quality of the evidentiary record : writing the personal statement, highlighting the achievements, selecting the relevant criteria and making a strategic presentation to the U.S. government. A specialized law firm accompanies the candidate in the preparation, translation, structuring and defense of the file in order to maximize the chances of approval.
How long does it take to get an EB-1A visa?
Timelines vary depending on USCIS workload, but on average:
- Currently between 12 to 18 months with standard processing, for the initial approval.
- Alternatively, by paying a Premium Processing fee, one can have an initial approval in as little as 15 business days.
- With the initial approval in hand, the applicant must undergo the second step of the process, called consular processing, through a U.S. embassy or consulate in order to receive an immigrant visa, which allows the applicant and their family to come to the U.S. as a permanent residents. This second step in the process generally takes 6-9 months.
- For applicants who are already in the U.S. when their EB-1A petition is approved, they can apply for a green card directly with USCIS, which at this time is somewhat faster (3-5 months).
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