Legal Guidance for Extraordinary Ability Professionals Seeking an EB1A Green Card.
An EB1A green card is an employment-based first preference category available to persons of “extraordinary ability” in the sciences, arts, education, business, or athletics.
EB1A’s “extraordinary ability” must be demonstrated through sustained national or international acclaim. Extraordinary ability is a measure of competence that indicates the individual is among the small percentage of those who have risen to the very top of their field of expertise. In addition, the person must have their achievements recognized through extensive documentation.
A foreign national or U.S. employer may file an EB1A I-140 petition seeking categorization as an employment-based first-preference extraordinary ability individual in the sciences, arts, education, business, or athletics.
To be eligible for the EB1A green card category, an applicant must have extraordinary abilities and achievements in the sciences, arts, education, business, or athletics, as evidenced by continuous national or international recognition and whose accomplishments have been recognized and extensively documented. Furthermore, the individual must be coming to the United States to continue working in the field of their expertise, and their work will benefit the United States.
It is important to clarify a common misconception about the EB1A green card. Many people believe that an EB1A green card is a specific type of green card, but this is not the case. The term “EB1A green card” refers to an employment-based immigrant category for individuals with extraordinary ability in their field. It is not a separate green card but rather a pathway to apply for permanent residency in the United States. When someone qualifies for and receives approval under the EB1A category, they become eligible to file for a green card, which grants lawful permanent resident status. Understanding this distinction is crucial for those considering the EB1A process as their route to U.S. residency.
One of the EB1A green card benefits is no requirement for a specific job offer from a U.S. employer. Instead, the EB1A green card applicant can petition for themselves.
Another benefit of the EB1A green card is that the category is often not backlogged, with the priority dates frequently “current.” This means that once the EB1A petition is approved, the applicant can immediately apply for a green card for themselves and their spouse and children.
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.
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:
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:
8 C.F.R. § 204.5(h)(3).
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.
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).
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.
Once the I-140 petition is approved, the applicant’s ability to apply for an EB1A green card will depend on their priority date.
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:
The availability of immigrant visa numbers.
Per-country visa limitations.
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.
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.
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.
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.
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