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EB1A Green Card
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 endeavor. In addition, the person must have their achievements recognized through extensive documentation.
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 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.
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.
Requirements
To demonstrate that you meet the EB1A 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 three of the ten 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:
- 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;
- The foreign national seeks to enter the U.S. to continue work in the area of extraordinary ability (i.e., expertise), and
- 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:
- Documentation of the applicant’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
- 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;
- 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;
- 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;
- Evidence of the applicant’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
- Evidence of the applicant’s authorship of scholarly articles in the field, in professional or major trade publications, or other major media;
- Evidence of the display of the applicant’s work in the field at artistic exhibitions or showcases;
- Evidence that the applicant has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
- Evidence that the applicant 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.
8 C.F.R. § 204.5(h)(3).
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. Please see the EB1A application steps below for a more thorough discussion of processing time and the EB1A application procedure.
Application Procedure and Processing Time
First of all, the EB1A green card application typically consists of two steps. The first step is an I-140 petition that classifies the applicant as an individual of extraordinary ability within the EB1A category. The second step is the principal applicant’s green card application and, if applicable, the green card application for the individual’s spouse and children.
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 EB1A Alien of Extraordinary Ability, the foreign national can do self-petition.
This is the step when the applicant submits evidence of EB1A extraordinary abilities and achievements.
USCIS’s processing fee for the I-140 petition is $700.
I-140 Regular Processing v. Premium Processing
The EB1A applicant can choose whether they want to request USCIS to process their I-140 petition within the USCIS’ regular processing time or faster.
I-140’s regular processing time can take 4-8+ months. For a more up-to-date processing timeline, the applicant should refer to the USCIS’s website.
If the applicant wants USCIS to adjudicate their I-140 petition faster, then the applicant may select the premium processing option through Form I-907.
USCIS premium processing takes 15 calendar days at the additional premium processing fee of $2,500.
Step 2: EB1A Green Card Application
Priority Date Must Be Current:
Once the I-140 petition is approved, the applicant’s ability to apply for an EB1A green card will be based on their Priority Date.
A priority date is a green card applicant’s place in line to apply for a green card. The wait time and the line can depend on (1) the availability of immigrant visa numbers; (2) per-country visa limitations; (3) the number of visas allocated for a specific preference category.
The EB1A priority date is the date when USCIS receives your I-140 petition.
Therefore, in order for the EB1A applicant to apply for a green card, their priority date must be current. If the priority date is backlogged, then the applicant will need to wait until their place in line comes up.
Adjustment of Status v. Consular Processing
EB1A Green Card through Adjustment of Status:
If the applicant is applying for the EB1A green card inside the United States, this process is called “adjustment of status.”
Adjustment of status requires the filing of Form I-485. Form I-485 is also known as the Application to Register Permanent Residence or Adjust Status. The usual processing time for the I-485 form is typically 6-12 months.
In certain limited circumstances, the applicant may consider the concurrent filing of both the I-140 and the I-485 forms at the same time. However, while concurrent filing has some strategic benefits, it is permitted if the priority date is “current.” The significant drawback of concurrent filing is if the EB1A I-140 petition is ultimately denied, the I-485 application will also be denied.
EB1A Green Card through Consular Processing
If you are not in the United States, the procedure will be different. After the USCIS approves the I-140 form, you must go through consular processing in your home country. This necessitates the submission of an immigrant visa application and an in-person interview at the US embassy or consulate in your country of residence. Following a successful immigration interview, you will be granted an immigrant visa to enter the United States. The green card will be mailed to your US address after you pay the applicable fees and enter the United States.
The total processing time for consular processing varies significantly and will be determined by the priority date being current as well as the embassy or consulate’s workload.
Why Should You Consider Hiring Our DC Eb1A Green Card Lawyer?
EB1A extraordinary ability cases require extensive evidence and thorough preparation. Because every case has its own set of facts and circumstances, it is important to work with a dedicated and knowledgeable DC EB1A green card attorney.
First, we can help you determine your EB1A green card eligibility. Second, we will handle the entire case from start to finish: we will help you collect all necessary documents and evidence, we will prepare the EB1A visa petition and submit everything to the proper agency.
Once it’s time for a green card interview whether in US or abroad, we will prepare you for the interview. Contact our office to schedule your consultation with our DC EB1A green card attorney today to get your application started.
Our employment-based green card lawyer in Washington DC is dedicated to assisting professionals, entrepreneurs, startups, and company owners with their Eb1A green card needs. We will gladly assist EB1A green card clients from all 50 states and worldwide.
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.