EB1-A 

• What is EB1-A?

• EB1-A is a first-preference employment-based visa for aliens of extraordinary ability who meet specific criteria. If the case is approved, the applicant and his/her family receive a Green Card.

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• What are the criteria for demonstrating extraordinary ability?

• To apply for EB1-A, the applicant must provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal) or meet at least 3 of the 10 criteria below:

• • Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence

• • Evidence of your membership in associations in the field which demand outstanding achievement of their members

• • Evidence of published material about you in professional or major trade publications or other major media

• • Evidence that you have been asked to judge the work of others, either individually or on a panel

• • Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field

• • Evidence of your authorship of scholarly articles in professional or major trade publications or other major media

• • Evidence that your work has been displayed at artistic exhibitions or showcases

• • Evidence of your performance of a leading or critical role in distinguished organizations

• • Evidence that you command a high salary or other significantly high remuneration in relation to others in the field

• • Evidence of your commercial successes in the performing arts

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• The applicant must also evidence that s/he will be continuing to work in his/her area of expertise in the US.

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  What documents should I present as evidence of “extraordinary ability”?

  The documentary evidence is very particular to each case, depending on the applicant’s educational and professional background and achievements. Some examples of evidences common to all cases are degrees and academic transcripts, reference letters, and employment confirmation letters.

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• If I apply from the United States, can I work while my application is pending?

• When filing the EB1-A application and adjustment of status, you may also apply for employment authorization for you and your family, which currently may take up to 10 months to be approved. After you and your family have an employment authorization document, you are allowed to legally work in the US until the EB1-A case is adjudicated.

• Family of EB-1 Visa Holders

• The EB1-A application also covers the applicant’s spouse and unmarried children (or stepchildren) under 21 years of age, who will receive a Green Card once the case is approved.

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• Can I apply for EB1-A from outside the US? What is the difference?

• Yes, you can apply for an EB1-A from outside the United States. In that case, the employment-based visa petition will first be analyzed in the United States by the USCIS and, once it is approved, you and your family will go through consular processing and an interview will be scheduled at the relevant Embassy or Consulate before you are able to come to the United States and receive your Green Card.

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• Do I have to work in my field?

• Yes. One of the requirements for an EB1-A is that the alien will continue to work in his/her area of expertise.

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• What is a letter of recommendation for EB1-A?

• A letter of recommendation for EB1-A describes the applicant’s qualifications, skills, and achievements that demonstrate his/her extraordinary ability. These letters typically come from current or previous clients, employers, professors, or peers.

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• Who is the petitioner in an EB1-A case?

• The alien of extraordinary ability is a self-petitioner in an EB1-A case.

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• Family of EB-1 Visa Holders

• The EB1-A application also covers the applicant’s spouse and unmarried children (or stepchildren) under 21 years of age, who will receive a Green Card once the case is approved.

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• Do I need a job offer or PERM Labor Certification?

• No job offer of employment or labor certification is required for EB1-A.

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• How long is an EB-1A green card valid for?

• The Green Card for EB1-A is permanent residency and the actual card is valid for 10 years and can be renewed, After 5 years, provided that all conditions are met, you may apply for citizenship.

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• How long does it take until I submit my petition?

• The entire process of gathering and organizing the necessary evidence and creating the argument usually takes 4-6 months.

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• How long will it take to process my petition?

• Currently, USCIS usually takes 12-18 months to process an EB1-A petition.

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• Can I apply for premium processing? How does it work?

• Yes, premium processing is available for EB1-A for an additional fee of $2,500.00, payable upon submission (or after). If you choose the premium processing service, the USCIS will adjudicate your case or send a Request for Evidence within 15 calendar days.

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• Will premium processing increase my chances of approval?

• No, premium processing does not increase or reduce the chances of approval. 

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