The EB-1A, also known as the “Alien of Extraordinary Ability,” is a visa that allows people who have extraordinary ability in the sciences, education, business or athletics to live and work in the United States. It’s designed to attract top talent from around the world while ensuring their contributions are used for national benefit.
That said, getting an EB-1A is no easy task. It comes with a set of strict requirements, such as qualifying your occupation. And having at least three years experience at it or being internationally recognized by peers as being one of the best in your field. For that reason alone, you’ll want to get started on preparing your application ASAP.
Securing an EB-1A visa for extraordinary ability green card requires meticulous compliance with specified USCIS guidelines. This visa type is designated for individuals with a sustained national or international acclaim and outstanding achievement in areas such as science, athletics, business, or the performing arts. EB-1A approval relies on substantial evidence under at least 3 out of 10 criteria set by USCIS; these encompass original scientific, educational, artistic, business-related contributions of major significance and demonstrated commercial success in the performing arts. Applicants must also substantiate that their expertise is far beyond the average level and not merely duplicating the work of others. This is often validated through published material about the applicant in professional or major trade publications or major media.
Another avenue is demonstrating a high salary compared to others in the field, providing comparable evidence that applicants belong to that small percentage who’ve reached the apex. Interestingly, the EB-1A does not require a job offer, labor certification or an immigration attorney to file the form I-140 immigrant petition. Instead, individuals can self-petition an EB-1A, presenting a compelling case to USCIS on their indispensability to the U.S.
However, the journey towards this employment-based immigration category can be tedious and complex, hence guidance from a seasoned immigration attorney and/or a green card application writing service like Write Wing Media helps fortify the petition for an alien or alien worker.
To help you out, we’ve compiled this list of five tips to get EB-1A when you are applying for citizenship:
There are three types of EB-1 visa: EB-1A, EB-1B and EB-1C
You may be wondering what the differences are between each type. Below is a breakdown of what you need to know about each type:
- EB-1A: This category requires that you be able to demonstrate that your work has been recognized nationally or internationally and that your contributions have been significant. This is the most common route for foreign nationals to obtain a green card under the EB-1 category, especially if they have won multiple awards for their work in science, engineering or business.
- EB-1B: Because this category can be difficult to prove due to its “extraordinary ability” requirement, it was created as an alternative option for nationals of countries from which few immigrants enter the United States annually (e.g., China). The applicant must show that he/she has achieved “sustained national or international acclaim” in his/her field; however, unlike with other types of EBs, there are no quantitative criteria attached (such as number of patents).
- EB-1C: This classification was created specifically for individuals who will work at an institution of higher education or related nonprofit entity when they file their I-140 petition with USCIS (see below). It’s important to note here that while any individual may apply under this classification program without having first obtained a job offer from an employer willing to sponsor them on H1b visa status—which is required by nonimmigrant workers coming into America on temporary visas like F1/J1/H4—workers cannot receive permanent resident status under this program unless they meet certain eligibility requirements established by USCIS (such as having a master’s degree), which we’ll discuss later in this post.
EB-1A green card is the most difficult to to prove your extraordinary ability
EB-1A is the most difficult to achieve because it requires a high level of evidence, and more documentation. For example, if you’re applying for a green card based on extraordinary ability, your employer must have done something concrete to prove that:
- Your work has been recognized by peers in the field as outstanding, with extensive evidence that this recognition was gained nationally or internationally (i.e., not just locally).
- You’ve had some kind of special achievement in an academic or scientific field (such as winning prizes at international competitions).
The most important evidence for an alien of extraordinary ability is a ‘prior written evidence’ letter.
The most important evidence to apply for EB-1A is a “prior written evidence” letter.
For EB-1A, you need to prove that you are a professional in the area of extraordinary ability in the arts, sciences, education, business or athletics. You must prove that you are recognized internationally as being outstanding among your peers. The US Citizenship and Immigration Services (USCIS) provides three types of documentation to show your extraordinary ability:
- A published material about your work
- A substantial evidence showing that your work has been recognized internationally by others with expertise in your field
- Evidence from an expert attesting to your outstanding abilities
If you do not have ‘prior written evidence’ letters in enough quantity for the application process, you can alternatively start with a case for NIW green card first (EB-2). This is because the required criteria are similar and lower.
If you do not have ‘prior written evidence’ letters in enough quantity, you can alternatively start with a case for NIW green card first (EB-2). This is because the required criteria are similar and lower. If this is your case and you have been working on your EB-1A application, then it may be wise to file an NIW green card petition at this point as well. The good thing about doing so is that once approved, it will serve as proof for subsequent applications like O-1B or EB-1A.
To get petition approved, you will need to prove that you meet at least 3 out of the 10 criteria defined by USCIS green card process.
To get approved, you will need to prove that you meet at least 3 out of the 10 criteria defined by USCIS. These include:
- You must be an outstanding researcher or professor;
- You must have a critical need for your services; and
- The job offer is lucrative enough, making it difficult for another person to take your place.
If your EB1A case in the U.S gets denied due to lack of sufficient evidence or poor documentation, you can refile at no additional cost within one year from the date of denial.
If your case gets denied due to lack of sufficient evidence or poor documentation, you can refile at no additional cost within one year from the date of denial. You do not have to leave the U.S. while waiting for a final decision on your second petition if it is denied again. If an EB1A petition is rejected by USCIS, then an applicant has three options:
- File a motion to reconsider – this requires filing an additional fee and an appeal will be decided by an immigration judge;
- Request Administrative Review – usually used when there is insufficient evidence provided in support of an application for adjustment of status (a green card);
- Re-file your I-140 petition – this does not require paying any additional fees since it was filed prior to July 29th, 2019 during which time re-filing was free under OMB memo M18-05 that came into effect July 29th 2019 until September 2020 when all filings were required by law to contain certain biometrics data such as fingerprints taken electronically using live scan equipment at designated locations throughout the United States or abroad;
Tips to help you prepare better for EB-1A visa
Here are our top 5 tips to get an EB-1A green card that will help you prepare better for the process.
- Do not rush to file the application
- Get a letter of support from your employer
- Get a letter of support from a former employer
- Contact the academic committee of your institution to obtain a letter of support
- Collect evidence from third parties (applicants should collect letters that describe their contributions and achievements).
Conclusion: Demonstrate extraordinary ability and obtain green card
The main takeaway from this article is that it is not as difficult as it seems to get an EB-1A green card. However, you need to be prepared for the process and have all the necessary documents at hand. The top 5 tips from experts on how to get an EB-1A green card can help you prepare better for your case and increase your chances of success. We hope this guide has been helpful for you! And if you need help in writing your EB-1A application, contact us now. With a 100% track record, we are the most economical and reliable visa consultants on the planet. And this is no exaggeration. Statistics speak for themselves. Which means, be prepared to hear ‘no’ from us if we think your case has no merit.