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When USCIS defines the EB-1A for a “small percentage of individuals,” you know it isn’t the most accessible green card to acquire in 2023. Although seemingly difficult, an EB-1A green card is possible to get. Each year, USCIS makes 40,000 visas available under the EB1 category, and the approval rate is high if the petitioner can prove they meet the qualifications. This guide will cover every EB-1A requirement, criteria, cost, and more.
Policy Update- On September 12, 2023 USCIS updated the manual to offer clarifying guidance on examples of evidence that may satisfy the relevant criteria for employment first-based preference applicants, as well as how USCIS officers evaluate the totality of the evidence for eligibility. See the complete details in this EB-1 policy update post.
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EB-1A (Extraordinary Ability) is a subcategory of the EB-1 Employment-Based green card. EA qualifies a “small percentage of individuals who have risen to the very top of their field of endeavor.” To qualify for the EB-1A category, the individual must be a leader in at least one of the listed areas:
The applicant must intend to continue working in the same field and demonstrate how their expertise would benefit the U.S.
Did you know there are less common or “unusual” criteria can be used to satisfy at least 3 of the 10 listed criteria for demonstrating “extraordinary ability? Check out this guide on Unusual Criteria for EB-1A Petitions. If you are unsure whether you fall in the extraordinary ability category, it’s best to consult an immigration attorney to determine if you qualify.
There are some key character traits to consider when selecting an EB-1A attorney. Keeping these in mind will help you make an informed decision.
Our lawyers have years of experience with obtaining EB-1A visas for foreign workers. We pride ourselves on outstanding service and exceptional client care. This is what our leading business immigration lawyer Shilpa Malik said about our EB-1A services:
The EB-1A visa process demands a compelling case built on undeniable evidence of extraordinary talent and professional achievements. The many approvals we’ve received for clients are a testament to the collaborative efforts and strategic approach that we navigated these cases with.
This recent EB-1 success story involved a business seeking to bring a foreign worker on an EB-1A green card. Other attorneys could not overcome the challenges of the case, but we successfully detailed evidence proving the individual had fulfilled more than three of the EB-1A requirements. The USCIS requested extensive evidence, and our lawyers spent hours addressing each issue and submitted the response through premium processing to expedite the hiring process. USCIS approved the case, proving that VisaNation Law Group rises to meet challenges and provides dedicated professional help even in difficult immigration situations.
An applicant wishing to qualify for the EB-1A must be:
Below is a chart with the EB-1 Green Card process eligibility criteria and EB-1A criteria:
Source of the table.
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EB-1A processing time can range from 4 to 7 months depending on which USCIS service center is processing the case (with premium processing optional). Another invaluable benefit of the EB-1A is the expedited processing time. Other green card categories require an employer to go through the PERM process and have backlogs that can substantially increase the wait time.
When you file your I-140 petition, that date becomes your priority date. Each month, the Department of State releases a visa bulletin that gives the “final action dates” for that particular month. If your priority date matches or passes the final action date in your country, a visa number will become available, and you can file your I-485 application.
While applicants of some other green card categories must wait several years, the EB-1 priority dates often tend to be current.
However, dates can retrogress. So be sure to check the most recent bulletin to be sure.
As for your I-140 processing time, this heavily depends on the service center’s caseload that processes your petition. On average, however, it tends to be around six months. But, again, if this is too long for you, you can opt for premium processing.
This service provided by the USCIS will shorten your petition’s processing time to 15 calendar days for an extra fee. If the USCIS does not meet this deadline, they will refund your premium processing fee.
Have a PdD? Learn about how to obtain a Ph.D. Green Card with EB-1 in this guide.
Changing your status is only available to U.S. workers under a different visa (such as the O-1). If this is not the case and you are outside the U.S., you must undergo consular processing.
This means you must make an appointment with the U.S. consulate or embassy in your home country and schedule a one-on-one interview with a consular officer. You must also complete the DS-260 online immigrant visa application and bring the confirmation page to the appointment.
The timeline for consular processing depends on the consulate or embassy you use. Some applicants wait several months while others only wait a few weeks. Once you arrive for your interview, you will be asked questions about your experience, education, career, and work in the U.S. to determine whether your application is legitimate and qualified.
Remember that each EB-1A case is unique and may have different processing times. Work with your EB-1A lawyer to determine exactly how long you must wait for your green card.
As you can see, many of these EB-1a requirements are very similar to those of the O-1 visa. This is why many foreign nationals who qualify for the O-1 subsequently qualify for the EB-1A.
Most other employment-based green card categories require you to have a job offer from a U.S. employer. In addition, that employer has to undergo an extensive recruitment process to obtain a PERM Labor Certification, which can significantly increase your green card processing time.
One of the main benefits of the EB-1A is that it does not require a PERM Labor Certification or a job offer from a U.S. employer. Instead, the applicant can file a “self-petition” on the USCIS I-140 form. This is one of the speediest methods of receiving a green card.
Once your I-140 is approved and your priority date is current, you must submit your I-485 Application to Register Permanent Resident or Adjust Status to change your status to EB-1A. If the USCIS approves this application, you will officially be a legal permanent resident in the U.S.
Here is a breakdown of the fees that go along with petitioning and applying for a green card:
The EB-1A Extraordinary Ability category has several advantages, including:
There are some disadvantages to be made aware of. First, you must demonstrate extraordinary ability, so being average or good will not suffice. Sometimes, it can be less predictable than the labor certification process. However, this depends significantly from case to case.
Because the USCIS defines extraordinary ability on a case-by-case basis, it is essential to have an EB-1A lawyer work with you to ensure that your case is solid.
Below is one example of an approved case under the Green Card Extraordinary Ability category:
Dr. James obtained his Ph.D. from Russia. His work deals primarily with mechanical engineering in a way that can positively affect the U.S. economy. He demonstrates a range of accomplishments in the field and has received national recognition for his work. Moreover, Dr. James is an active contributor to scholarly journals and has published many that are in circulation. He qualifies under Extraordinary Ability because he is a foremost authority in the field. Dr. James does not require an employer’s sponsorship assuming he can continue his work in the country.
Dr. James obtained his Ph.D. from Russia. His work deals primarily with mechanical engineering in a way that can positively affect the U.S. economy. He demonstrates a range of accomplishments in the field and has received national recognition for his work.
Moreover, Dr. James is an active contributor to scholarly journals and has published many that are in circulation. He qualifies under Extraordinary Ability because he is a foremost authority in the field. Dr. James does not require an employer’s sponsorship assuming he can continue his work in the country.
If you do not meet the qualifications of the EB-1A, the good news is that there are alternative visa options.
Below are some commonly asked questions related to the EB-1A green card. We highly advise you to double-check with your immigration attorney about the best course of action for your specific case.
The EB-1A is a subcategory within the employment-based immigration first preference category for individuals with extraordinary abilities in the sciences, arts, education, business, or athletics. A green card will be awarded if an applicant meets all the EB-1A criteria and is approved.
You can demonstrate extraordinary ability with at least three of the ten EB-1A criteria mentioned in the section above titled EB-1A Documentation. For other types of visas (i.e., O-1B petitions) requiring demonstration of extraordinary achievement, proof of a one-time achievement (e.g., Pulitzer, Oscar, Olympic Medal) plus evidence demonstrating that the type of work will continue in the United States is sufficient.
The main distinction is that the EB-1B criteria are strictly for scientific and scholarly fields. On the other hand, the EB-1A category applies to the sciences, arts, education, business, or athletics.
While you may experience additional EB-1A processing time due to backlogs, it has traditionally taken about eight months to process an EB-1 petition. However, after an I-140 approval, USCIS will issue a permanent resident card in about six months.
The EB-2 visa processing time is typically longer than the EB-1A green card processing time and is affected by your country of origin and the service center that processes your I-140. The EB-2 time frame is approx. 18 months. If you need a PERM Labor Certification, that range can be eight months to 2 years depending on whether or not your employer is audited after the recruitment process.
You do not need a sponsor for the EB-1A (Employment-Based First Preference – Alien of Extraordinary Ability) visa category. The EB-1A is a self-petitioning category, which means you can apply for this visa without an employer or sponsor. It is designed for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics and who have demonstrated sustained national or international acclaim in their respective fields.
VisaNation Law Group’s EB-1A Extraordinary Ability lawyers are experienced in identifying if you qualify under one of the Extraordinary Ability categories. In addition, they can advise you if you are unsure if your evidence of achievement meets EB-1 requirements.
Book consultation today with a VisaNation attorney for a comprehensive evaluation of your eligibility for an EB-1 green card.
