Kuzmina Law

EB1A Green Card Attorney: Your Path to U.S. Permanent Residency

Legal Guidance for Extraordinary Ability Professionals Seeking an EB1A Green Card.

EB1A Green Card

EB1A Green Card Requirements: What You Need to Qualify

To demonstrate that you meet the EB1A green card requirements, you need to show that you received sustained national or international acclaim and that your achievements have been recognized in your field of expertise. To do so, you must provide either evidence of a one-time major internationally recognized award such as a Nobel Prize or at least three of the EB1A qualifying criteria.

EB1A Regulations

Petitioner is seeking classification as an alien with extraordinary ability under 8 U.S.C. §1153(b)(1)(A). This section provides for the issuance of a visa to an alien if:

  1. The foreign national has extraordinary ability in the field of sciences, arts, education, business, or athletics. Their achievements have been demonstrated by sustained national or international acclaim and recognized in the field through extensive evidence;
  2. The foreign national seeks to enter the U.S. to continue work in the area of extraordinary ability (i.e., expertise), and
  3. The foreign national’s entry into the U.S. will substantially benefit prospectively the United States.

The statute does not define “extraordinary ability.” Still, the applicable federal regulations define the term as “a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor.” 8 C.F.R. § 204.5(h)(2).

A foreign national seeking to be classified as an individual with extraordinary ability may establish his eligibility in one of two ways.

First, the EB1A applicant may prove his or her eligibility with “evidence of a one-time achievement (i.e., a major, international recognized award)[.]” 8 C.F.R. § 204.5(h)(3).

Alternatively, the EB1A applicant may demonstrate that he or she satisfies at least three of the following ten EB1A criteria:

  1. Documentation of the applicant’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
  2. Documentation of the applicant’s membership in associations in the field for which classification is sought. The associations must require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
  3. Published material about the applicant in professional or major trade publications or other major media, relating to the applicant’s work in the field for which classification is sought. The evidence should include the title, date, and author of the publication;
  4. Evidence of the applicant’s participation, either individually or on a panel, as a judge of the work of others in the same or similar field for which classification is sought;
  5. Evidence of the applicant’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
  6. Evidence of the applicant’s authorship of scholarly articles in the field, in professional or major trade publications, or other major media;
  7. Evidence of the display of the applicant’s work in the field at artistic exhibitions or showcases;
  8. Evidence that the applicant has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
  9. Evidence that the applicant has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or
  10. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

8 C.F.R. § 204.5(h)(3).

Application Procedure for EB1A Green Card and Processing Time

The processing time for the EB1A green card application consists of several phases, the length of which varies based on the priority date and the specific goals you are pursuing. Below is a detailed overview of the application steps and timelines.

Step 1: EB1A I-140 Petition

Form I-140, Immigrant Petition for Alien Worker, is filed with USCIS to classify a foreign national as eligible for an immigrant visa based on employment. For the EB1A Alien of Extraordinary Ability category, the foreign national can self-petition.

This is the step where the applicant submits evidence of extraordinary abilities and achievements under the EB1A category. USCIS’s processing fee for the I-140 petition is $715 (plus a mandatory asylum program fee of $300 – $600).

EB-1A Regular Processing vs. Premium Processing

The EB1A applicant can choose between regular processing and premium processing for their I-140 petition:

  • Regular Processing: This can take 6-14+ months. Applicants should refer to the USCIS website for the most current processing timelines.

  • Premium Processing: For an additional fee of $2,805, USCIS will adjudicate the petition within 15 business days. This option is available through Form I-907.

Step 2: EB1A Green Card Application

Once the I-140 petition is approved, the applicant’s ability to apply for an EB1A green card will depend on their priority date.

EB-1A Priority Date Must Be Current

A priority date is essentially the applicant’s place in line to apply for a green card. This date is established when USCIS receives the I-140 petition. The timeline for when an applicant can proceed depends on:

  1. The availability of immigrant visa numbers.

  2. Per-country visa limitations.

  3. The number of visas allocated for the specific preference category.

If the priority date is backlogged, the applicant will need to wait until their date becomes current.

Adjustment of Status vs. Consular Processing

EB1A Green Card Through Adjustment of Status

If the applicant is in the United States, they can apply for the EB1A green card through the adjustment of status process. This involves filing Form I-485, Application to Register Permanent Residence or Adjust Status. The processing time for Form I-485 is typically 6-12+ months.

In some cases, applicants may opt for concurrent filing, submitting both the I-140 and I-485 forms simultaneously if their priority date is current. However, if the I-140 petition is denied, the I-485 application will also be denied.

EB1A Green Card Through Consular Processing

If the applicant is outside the United States, they must go through consular processing. After the I-140 petition is approved, the applicant will submit an immigrant visa application and attend an in-person interview at a U.S. embassy or consulate in their home country. Upon approval, the applicant will receive an immigrant visa to enter the United States, and the green card will be mailed to their U.S. address after paying the required fees.

The total processing time for consular processing varies depending on the priority date’s status and the workload of the U.S. embassy or consulate.

Why Choose Us for Your EB1A Green Card Application?

Navigating the EB1A green card process requires meticulous preparation, extensive evidence, and a thorough understanding of immigration law. At our law firm, we focus on assisting professionals, entrepreneurs, startups, and company owners with every aspect of the EB1A green card application process.

Our experienced EB1A green card attorney will guide you through determining your eligibility, collecting and organizing the necessary documentation, and preparing a compelling EB1A petition. From filing your I-140 petition to preparing you for your green card interview—whether in the U.S. or abroad—we are with you every step of the way.

Contact us today to schedule a consultation with our dedicated EB1A green card attorney. Let us help you achieve your immigration goals and start your journey to permanent residency in the United States.

HOW CAN WE HELP?

The Law Offices of Victoria V. Kuzmina provide US Immigration services to clients in 50 states and worldwide. If you need help or have questions about an immigration matter, please contact us by phone or email to set up a consultation with our immigration attorney.

Legal Notice

Any information appearing on this website was made available by the content publisher, Law Office of Victoria V Kuzmina, for educational purposes only. The content publisher provides general information only and does not provide any legal advice on any subject matter.

By using this website, reading the information provided on the website, or sending inquiries through the website or contact email, the reader understands that there is no attorney-client relationship between the reader and the content publisher.

Furthermore, this website is a resource of general information which is intended but not promised or guaranteed to be complete, accurate, or up-to-date. The visitors of this website should not act, or abstain from acting, based upon any information provided via this website without seeking appropriate legal or other professional advice in their relevant jurisdiction.

Law Office of Victoria V Kuzmina and Attorney Victoria Kuzmina expressly reject any and all liability concerning actions taken or not taken based upon the content of this website.None of the information should not be used as a substitute for legal advice from a licensed immigration attorney. We recommend you obtain competent legal advice specific to your case.The contents of this website may contain attorney advertising under the applicable laws or ethical rules of various states. Prior results do not guarantee a similar outcome in a case.