EB-1A Extraordinary Ability Green Cards

The qualifications for EB-1A immigrant status cannot be simplified into a simple, concise rule. The precise EB-1A standard has been debated for the last twenty years. However, the following is a general overview of the EB-1A standard. Generally speaking, an EB-1A applicant must demonstrate that he or she has extraordinary ability in the “sciences, arts, education, business or athletics.” Extraordinary ability is defined by USCIS regulations as a “level of expertise indicating that the individual is one of those few who have risen to the top of the field of endeavour.” To qualify for this Green Card, the individual must document that they have received a major award or meets at least three (preferably more) of the following:

1. Receipt of national or internationally recognize prizes;
2. Membership in associations that require outstanding achievement of members;
3. Published material in professional, trade, or other media about the alien’s work;
4. Participation on a panel judging the work of others in the field;
5. Original scientific, scholarly, or business-related contributions;
6. Authorship and publication of scholarly articles in journals or other media;
7. Previous employment in a critical or essential capacity for organizations with a distinguished reputation;
8. Has or will command a high salary in comparison to others in the field; and
9. Any other comparable criteria that more readily apply to the beneficiary’s occupation.

Satisfying three of the criteria, however, might not be sufficient. Most petitions will need to include several letters from experts or famous individuals in the field attesting to the qualifications of the applicant. Contact us to evaluate your case.

1. Qualification Criteria: First step is to qualify for this Green Card, the individual must document that they have received a major award or meets at least three (preferably more) of the mentioned qualifications list.
2. USCIS I-140 Petition Form: Most of the other employment-based green card categories require you to have a job offer from a U.S. employer. That employer has to go through an extensive recruitment process to obtain a PERM Labor Certification, which can greatly increase your green card processing time. One of the main benefits of the EB-1A is that it does not require a PERM Labor Certification or a job offer from a U.S. employer. The applicant is able to file a “self-petition” on the USCISI-140 form. This is one of the speediest methods of receiving a green card.
3. USCIS I-485 Application: Once your I-140 is approved and your priority date is current, you will need to submit your I-485 Application to Register Permanent Resident or Adjust Status in order to change your status to EB-1A. If the USCIS approves this application, you will officially be a legal permanent resident in the U.S.

Another invaluable benefit of the EB-1A is the expedited processing time. Other green card categories not only require an employer to go through the PERM process, but they also have backlogs that can substantially increase the wait time. When you file your I-140 petition, that date becomes your priority date. Each month, the Department of State releases a visa bulletin that gives the “final action dates” for that particular month. If your priority date matches or passes the final action date in your country, then a visa number will become available and you can file your I-485 application. While applicants of some other green card categories must wait several years for their priority date to current, the EB-1 category tends to have all current dates, meaning that you can adjust your status as soon as your I-140 is approved. However, this is not always the case, and there have been instances where the dates have retrogressed for the EB-1 category. Be sure to check the most recent bulletin to be sure. As for your I-140 processing time, this heavily depends on the caseload of the service center that processes your petition. On average, however, it tends to be around 6 months. If this is too long for you, you can opt for premium processing. This service provided by the USCIS will shorten your petition’s processing time to 15 calendar days for an extra fee. If the USCIS does not meet this deadline, you will be refunded your premium processing fee.

The EB-1A Extraordinary Ability category has a number of advantages including:

1. Not requiring a permanent job offer in the U.S. or a labor certification.
2. Typically faster than the LCA process because you can file a petition and your application for permanent residency simultaneously (also known as concurrent filing).
3. There is greater flexibility than the labor certification process and you are able to change jobs sooner.
4. Self-petitioning is permitted which means it doesn’t require the signature of someone at the institution or company you are working.

You must be able to demonstrate extraordinary ability, so being just average or good will not suffice. Sometimes, it can be less predictable than the labor certification process although this depends greatly from case to case. Because the USCIS itself defines extraordinary ability on a case-by-case basis, it is important to have an EB-1A lawyer work with you to make sure that your case is solid.