EB-1A introduction
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.”
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 (for example, an olympic medal, world cup medal, Pulitzer prize for Nobel Prize).
Absent such an award, one must meet at least three of the following 10 criteria listed at the end of this article.
As one can see from looking at these criteria, the EB-1A visa category has an extremely high evidentiary standard, and the simple truth is that most people will not qualify. However, for those who do qualify, it has the advantage of permitting an individual to obtain a permanent residence (green card), without a US job offer. Proof that a person has a career of extraordinary achievement, coupled with their stated intent to continue working in their field can be enough.
Additionally, for an additional fee paid to the United States Immigration and Citizenship Services, a petition may be adjudicated in only 15 calendar days, thus allowing the applicant to have an approval very quickly and thereafter begin making plans for their transition to the United States.
An applicant’s spouse and unmarried children under 21 can also receive permanent residence if the petition is approved.
Why is Patriot Immigration Law Group the right choice for your EB-1A National Interest Waiver?
At Patriot Immigration Law Group, we have successfully filed EB-1A extraordinary ability visas in diverse industries, including internationally recognized athletes, scientists in many fields, educators, researchers and business leaders. We develop an individualized strategy for each client, in order to help them to assemble an EB-1A Extraordinary Ability petition which meets as many of the 10 possible legal criteria as possible, in order to maximize the client’s chance of approval.
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 (shown below), 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.
The 10 EB-1A criteria are as follows:
(i) Documentation of the non-citizen's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
(ii) 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;
(iii) Published material about the non-citizen's in professional or major trade publications or other major media, relating to the alien'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;
(iv) 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;
(v) Evidence of the non-citizen's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
(vi) 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;
(viii) Evidence that the non-citizen's has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
(ix) Evidence that the non-citizen's has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or
(x) Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales
If you are interested in an evaluation of your eligibility for permanent residence through the EB-1A Extraordinary Ability process, please contact our office. We guarantee an honest opinion regarding your chances of success, and will also explore any other alternative immigration options which may be applicable.
Contact Patriot Immigration Law Group today for a consultation.