EB-1A visa is available to foreign nationals of extraordinary ability in the fields of sciences, arts, education, business, or athletics. To demonstrate your extraordinary ability, some specific criteria must be met. Also, you have the burden to prove that you have sustained national or international acclaim for your achievements and you have risen to the very top of you field.
Extraordinary ability can be demonstrated by receipt of a major internationally recognized award such as Nobel Prize or the Academy Award. This one is very hard to meet for most people.
Alternatively, however, there are relatively easier criteria available for most of the EB-1A applicants. For these criteria, you must meet three out of the ten criteria below to prove
extraordinary ability in your field:
• Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
• Evidence of your membership in associations in the field which demand outstanding achievement of their members
• Evidence of published material about you in professional or major trade publications or other major media
• Evidence that you have been asked to judge the work of others, either individually or on a panel
• Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
• Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
• Evidence that your work has been displayed at artistic exhibitions or showcases
• Evidence of your performance of a leading or critical role in distinguished organizations
• Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
• Evidence of your commercial successes in the performing arts
Some of the criteria may not apply to some fields. For example, “evidence of your commercial successes in the performing arts” will not apply to a biologist who wants to apply EB-1A for himself. Since you only need to meet three criteria to proceed your EB-1A case, the selection of the criteria is crucial to your case.
You do not need a U.S. employer to file the petition for you and the EB-1A petition is available for self-petitioning.
However, it could potentially be helpful if you have a prospective U.S. employer who is willing to hire you to work in your field or if you are currently working in the U.S. in your field. This could help satisfy the EB-1A requirement that you intend to continue working in your chosen field.
No. The approval of an O-1 petition does not compel USCIS to approve an EB-1A petition. Actually, the standard for EB-1A is much higher. The approval of O-1 may be a “relevant” consideration.
Yes, you can. If your EB-1A case gets approved, you can get your EB-1A visa through U.S. Consulate in your country.
The normal processing time is 4-6 months. However, an EB-1A case is available for Premium Processing which will cost $1,225 and the case processing time would be only 15 calendar days.
After your EB-1A is approved, you will need to file an application called I-485 to adjust your status to permanent resident to get the green card. Note that even if you can get your EB-1A case approved, you may still need to wait for some period of time before you can file the I-485 application. This depends on when your priority date can become current according to the dates listed on the visa bulletin for people from your country. If the USCIS approves your I-485 application, you will officially become a legal permanent resident in the U.S.
The USCIS filing fee of EB-1A petition is $700. If you would like to use Premium Processing service for your case, the cost would be additional $1,225.
Please feel free to contact us for a free initial consultation. We would be happy to answer any questions regarding EB-1A that you may have.