EB-1 is an employment-based first preference immigration visa for noncitizens who (A) exhibit extraordinary abilities, (B) are outstanding professors/researchers, or (C) multinational executives/manager. This article will focus on the EB-1A category, which applies to individuals with extraordinary ability in the sciences, arts, education, business, or athletics. This category does not require the applicant to have an employer or job offer, meaning anyone, including the applicant can be the petitioner.
If you are wondering if you could qualify for an EB-1A visa, you can start with the following questions:
Have you sustained national or international acclaim in your field of expertise?
Do you plan to continue work in the area of extraordinary ability after you enter the U.S.?
Will your entry substantially benefit the U.S. in the future?
Criteria for EB-1A Applicants
If your answer to these three questions is yes, you might be eligible for EB-1A. One of the biggest hurdles of EB-1A is to prove “extraordinary abilities”, where the applicant must provide evidence for at least three of the following ten criterias:
Receipt of nationally or internationally recognized prizes or awards;
Membership in associations that require their members to obtain an outstanding achievement;
Published material about the applicant in professional or major media;
Participation as a judge of the work of others;
Evidence of original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
Evidence of s authorship of scholarly articles in the field;
Work displayed at artistic exhibitions or showcases;
Evidence of a leading or critical role for organizations with a distinguished reputation;
Beneficiary’s high salary or other significantly high remuneration; or
Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.
EB-1A procedure and process flow
Although there are various aspects to the application process, a quick overview includes:
1. Consultation with an immigration attorney and evaluation:
To have one experienced attorney review and evulate the applicant's criteria.
2. Filing I-140 Petition
Draft petition for the applicant
Gather evidence for qualifications
Draft Recommendation letters
3. Adjustment of Status or Consular Processing
If you are present in the U.S. already, you will submit a Form I-485. Once approved, you will be granted a lawful permanent resident status.
If you are outside the U.S., you will submit a DS-260 form to the appropriate US consulate, usually in your home country. Following this, you will schedule a visa interview.
If you want to apply for EB-1A and think you qualify, please feel free to email our Managing Principal Yen-Yi Anderson at y.anderson@aalawpc.com for an initial screening. You can also give our firm (Anderson & Associates Law, P.C.) a call at either 646-201-9117 or 646-452-9982. Our hours are Monday through Friday from 9 am to 6 pm.
Author: Robyn Gao. Robyn is an associate at Anderson & Associates Law, P.C. Robyn focuses her practice on business immigration and corporate laws. Before joining the firm, Robyn worked for McKinsey & Company as a consultant, where she advised corporations on branding and marketing strategies. Robyn graduated from Emory University School of Law with a J.D. degree and earned her LL.B. and B.A. from Beijing Foreign Studies University. During law school, Robyn served as a law clerk for various non-profit organizations, including the American Civil Liberties Union, Georgia Lawyer for the Arts and Public Defenders’ Office of Los Angeles.
