The EB-1A visa is a subcategory of the EB-1 first preference visa that allows individuals with an extraordinary ability to enter the United States. Extraordinary ability can be accredited to individuals who have demonstrated a significant level of talent in the business, education, arts, science, or athletic fields. Prestigious awards received from globally recognized organizations are generally the most convincing forms of evidence when applying for an EB-1A visa.
EB-1A visas allow for applicants to file a petition themselves, which is exclusive of this classification and not permissible to EB-1B or EB-1C visa applicants. Therefore, applicants do not require an employer to petition on their behalf and do not require a job offer or labor certification to be granted entry to the United States. EB-1 visas require significantly less time for visa holders to obtain permanent residency status than through any other work-related visa.
Qualifications For The EB-1A Visa
In order to be eligible for the EB-1A visa, individuals must meet specific requirements that qualify them as having an extraordinary ability. Generally, those who have made significant accomplishments in the aforementioned fields are eligible for EB-1A visa status. However, applicants who have not received an award or achievement can still provide proof of their extraordinary ability. The evidence must satisfy a minimum of 3 of the following criteria:
- Evidence that you received a lesser nationally or internationally recognized award in your field
- Evidence of membership in an organization(s) that require outstanding achievement for entry
- Evidence of published works about you in a professional major media outlet
- Evidence that you have been called to judge the work of others individually or on a panel
- Evidence of your significant, original contribution to one of the above mentioned fields
- Evidence of your authorship of scholarly articles in a professional major media outlet
- Evidence that your work has been displayed publicly at an artistic showcase or exhibit
- Evidence of your performance in a leadership or other critical role in a prominent organization
- Evidence of significantly high salary or compensation compared to others in your field
- Evidence of commercial successes in the performing arts
EB-1A Visa Application Process
When beginning the EB-1A visa application, you must file Form I-140, Immigrant Petition For Alien Workers. Applicants are granted permission by the USCIS to file petitions on their own, so no sponsorship or offer of employment is required. After filing the petition, you must compile a list of supporting documents that satisfy at least 3 out of 10 criteria for eligibility. Once you have submitted the application, it will take up to 8 months for the application to process and the decision to be made.
The EB-1A visa is one of the fastest ways to obtain permanent residence in the United States. A green card will be issued to eligible holders by the U.S. government around 6 months after the USCIS has approved the EB-1A visa application and granted entry. Since you do not have to work with an employer, you do not have to worry about dependencies when filing your petition. However, it is best to work with an immigration attorney that can help you navigate the legal process and speed up the time it takes to prepare your documents and submit your application.
Speak With An Experienced Immigration Attorney
If you believe you have demonstrated extraordinary ability in the science, arts, business, education, or athletic fields and wish to utilize it in the United States, reach out to the Law Offices of Kermit A. Monge, PLLC. Our immigration attorneys can assist you during every step of the EB-1A filing process and will ensure your application contains all the information necessary for approval. For more information about the EB-1A visa or to get started on your application, call the Law Offices of Kermit A. Monge, PLLC at 571.559.7229 or request a consultation online today.