The EB1-A visa category is designed for exceptionally talented individuals who possess extraordinary abilities in their respective fields. It is a highly sought-after employment-based visa preference. Upon approval of the application, both the applicant and their family members are granted a Green Card, providing them with permanent residency in the United States.
In order to qualify for the EB1-A visa, applicants must demonstrate exceptional achievements or meet a minimum of three out of the following ten criteria:
Additionally, the applicant must provide evidence of their intent to continue working in their area of expertise within the United States.
The specific documentary evidence required to demonstrate “extraordinary ability” varies from case to case, depending on the applicant’s unique educational background, professional accomplishments, and achievements. However, there are several common types of evidence that are typically submitted, including academic degrees, transcripts, reference letters, and letters confirming employment. These documents help establish the applicant’s exceptional qualifications and contribute to the overall case for their extraordinary ability.
While submitting the EB1-A application and adjusting your status, you have the option to apply for employment authorization for both yourself and your family. However, it is important to note that the approval process for employment authorization currently takes up to 10 months. Once you and your family obtain the employment authorization document, you are legally permitted to work in the United States until the adjudication of your EB1-A case.
Family of EB-1 Visa Holders
The EB1-A application also includes provisions for the applicant’s spouse and unmarried children (including stepchildren) who are under 21 years of age. Once the EB1-A case is approved, they will be eligible to receive a Green Card.
Yes, you can apply for an EB1-A visa from outside the United States. In such cases, the employment-based visa petition will be initially reviewed by the USCIS in the United States. Once approved, you and your family will undergo consular processing, which involves scheduling an interview at the relevant U.S. Embassy or Consulate. After the interview and approval, you will be able to enter the United States and receive your Green Card.
Yes, one of the requirements for obtaining an EB1-A visa is that you must continue to work in your area of expertise.
A letter of recommendation for EB1-A highlights the applicant’s qualifications, skills, and achievements that demonstrate their extraordinary ability. Typically, these letters are obtained from current or previous clients, employers, professors, or peers.
In an EB1-A case, the individual with extraordinary ability is considered a self-petitioner.
The EB1-A application also includes provisions for the applicant’s spouse and unmarried children (including stepchildren) who are under 21 years of age. Once the EB1-A case is approved, they will be eligible to receive a Green Card.
No, a job offer or PERM Labor Certification is not required for the EB1-A visa category.
The Green Card issued through the EB1-A category signifies permanent residency and is valid for a period of 10 years. It can be renewed as long as all conditions are met. After maintaining permanent residency for 5 years, you may apply for U.S. citizenship, provided all other requirements are fulfilled.
Typically, the entire process of gathering and organizing the necessary evidence and constructing the argument for your EB1-A petition takes approximately 4-6 months.
Currently, the USCIS processing time for an EB1-A petition is usually between 12-18 months.
Yes, premium processing is available for the EB1-A category for an additional fee of $2,500.00, payable upon submission or afterward. Opting for premium processing means that the USCIS will adjudicate your case or issue a Request for Evidence within 15 calendar days.
No, premium processing does not impact the likelihood of approval. It does, however, expedite the processing time and ensures a faster response from the USCIS.
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