The EB-1A classification is appropriate for individuals who are recognized as being at the very top of their field and who are coming to the U.S. to continue work in that same field. This visa category provides foreign nationals with one of the fastest channels to obtaining a green card. Individuals fall into this first category if they are persons of extraordinary ability in the fields of science, art, education, business or athletics. To establish eligibility, an applicant must demonstrate several requirements:
A. The foreign national has sustained national or international acclaim, and that the applicant’s achievements have been recognized in the field of expertise. This may be demonstrated by receipt of a major internationally recognized award, similar to a Nobel Prize, Olympic Medal, Oscar, etc. Alternatively, in the absence of such a major honor, applicants can still demonstrate their extraordinary ability by meeting any three (3) of the following 10 criteria:
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- Have you received any lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor?
- Are you a member of associations that require outstanding achievements of their members as judged by recognized national or international experts?
- Is there published material in professional or major trade publications or major media about you which relates to your work in the field?
- Have you participated on a panel or individually as a judge of the work of others in the same or in an allied field of specialization?
- Have you made original scientific, scholarly or business contributions that are of major significance?
- Have you authored scholarly articles in professional journals or other major media?
- Has your work been displayed at artistic exhibitions or showcases?
- Have you played a leading or critical role for an organization with a distinguished reputation?
- Have you or will you command a high salary or other remuneration for your services in comparison to others in your field?
- Have you enjoyed commercial successes in the performing arts?
It’s crucial for the applicant to provide comprehensive supporting documentation that clearly demonstrates how the foreign national meets the fundamental criteria of extraordinary ability. In cases where the standard criteria may not directly apply to the beneficiary’s specific occupation, comparable evidence can be submitted to establish eligibility. This flexibility ensures that exceptional individuals across diverse fields can effectively showcase their extraordinary abilities.
B. Applicants must prove that they will continue to pursue work in the U.S. in the field in which they have claimed extraordinary abilities. To meet this requirement, applicants may submit letters from current or prospective employers confirming the applicant’s work arrangements, documents evidencing prearranged commitments in the U.S. (contracts), or a statement detailing an applicant’s plans for continued work in the U.S.
The EB-1A category stands out as a game-changer in the landscape of U.S. immigration, offering an unparalleled fast track to lawful permanent resident status. Unlike almost all other employment-based green card categories, EB-1A applicants possess the extraordinary privilege of self-petitioning. This means exceptional individuals can take control of their immigration destiny, filing their green card petition without the need for U.S. employer sponsorship. This remarkable feature not only accelerates the path to a green card but also grants outstanding foreign nationals the freedom to pursue their American dream on their own terms. It opens doors for entrepreneurs, researchers, and other extraordinary talents who might not have a traditional employer-employee relationship, enabling them to contribute their exceptional skills to the U.S. economy and society more quickly and independently.
Procedurally, an EB-1A application is filed with Form I-140, Petition for Alien Worker. Processing times vary based on filing location. Premium Processing is also available, whereby the government will issue a response on the petition within 15 business days of receiving the application through payment of an additional fee.
Upon approval, USCIS will adjudicate the applicant’s Form I-485 Application for Adjustment of Status if the applicant is currently in the United States. Alternatively, the National Visa Center will review documentation for Visa Processing for applicants who are outside the United States and need to attend a visa interview at a Consulate or Embassy abroad.