EB-1A (Extraordinary Ability)
EB-1A extraordinary ability is an employment-based priority worker category for individuals with extraordinary ability in the sciences, arts, education, business, or athletics. Individuals must demonstrate sustained national or international acclaim and recognition in the field. Individuals must also seek to continue work in the area of extraordinary ability upon entering the United States and show that the individual’s entry will substantially benefit the United States in the future.
EB-1A does not require a job offer so an individual can self-petition for EB-1A (no need of sponsorship from the employer). Please note, it does not mean that you should go for DIY. Petition for an immigrant visa is a complicated process and you may want to hire an immigration lawyer to handle the complicated legal issues for you.
Moreover, the labor certification is not required for the EB-1A petition. The labor certification itself is a time-consuming process, so petition for EB-1A will save a lot of time. Additionally, EB-1 visa, unlike some other visa categories, is immediately available under the current visa bulletin (except for applicants from mainland China and India who still have to wait for about 18 months per current visa bulletin). This means, if you are in the United States, you may concurrently file your I-140 petition with an application to adjust your status to a lawful permanent resident (Form I-485); if you are outside the United States, you may apply for the immigrant visa soon after your I-140 petition is approved. Even for applicants from mainland China and India, the waiting time for EB-1A is relatively short (as compared to EB-2 and EB-3 categories), and thus the EB-1A is a preferred immigration solution if they are qualified for it.
The petitioner’s spouse and unmarried children under 21 can also obtain their green cards through the petitioner’s EB-1A approval. To qualify for the EB-1A, the petitioner must prove three things: (i) the petitioner has an extraordinary ability in the sciences, arts, education, business, or athletics; (ii) the petitioner will continue to work in the field of extraordinary ability upon entering the U.S.; and (iii) the Petitioner’s enter to the U.S. will substantially benefit the U.S.
In the EB-1A petition, “extraordinary ability” is defined as “a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor.” This can be demonstrated by receipt of a major internationally recognized award such as Nobel Prize or Olympic Gold Medal. Alternatively, immigration law requires that the petitioner must provide at least three of the following categories of evidence:
- receipt of lesser nationally or internationally recognized prizes or awards for excellence
- membership in associations in the field that demand outstanding achievement of their members
- published material about the applicant in professional or major trade publications or other major media
- participation by the petitioner as a judge, either individually or on a panel, of others’ work
- original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
- authorship of scholarly articles in professional journals or major trade publications or other major media
- work that has been displayed at artistic exhibitions or showcases
- performance in a leading or critical role in distinguished organizations
- high salary or other significantly high remuneration for services, relative to others in the same field
- commercial success in performing arts, as shown by either box office receipts or cassette, compact disc, video, or DVD sales
If one of above categories does not apply to the petitioner’s field of extraordinary ability, he/she may submit comparable evidence to demonstrate his/her eligibility for an EB-1A visa. For example, if the petitioner is a world-renowned chef, he/she may not have evidence of commercial success in the performing arts. Instead, he/she might have evidence of very high commercial success for a cook book that he/she is the author.
After the petitioner meets the initial evidence requirements, the USCIS will then consider the totality of the material provided in a final merits determination and assess whether the record shows sustained national or international acclaim and demonstrate that the individual is among the small percentage at the very top of the field of endeavor.
Letters of endorsement from experts in the petitioner’s field are helpful to explain the importance of the petitioner’s accomplishment and contribution to the field, so it plays a critical role proving that the petitioner is among the small percentage at the very top of his/her field of endeavor. It is recommended that in the early stage of the EB-1A planning, the petitioner should list out the experts he/she can reach out for the letters of endorsement.
In addition to proving the extraordinary ability, the petitioner must also show with clear evidence that he/she will continue to work in the field of extraordinary ability upon entering the U.S. This requirement can be satisfied by submitting any of the following evidence:
- letters from potential employers in the petitioner’s field of extraordinary ability
- commercial contracts between the petitioner and U.S. companies showing that he/she is committed to working in the field of extraordinary ability
- A written statement by the petitioner with a detailed plan to continue to work in the field of extraordinary ability upon entering the U.S.
The final requirement for the EB-1A visa is that the petitioner’s entry to the United States will substantially benefit the United States. It is generally assumed that if the petitioner continues to work in the United States in his/her area of extraordinary ability, then he/she will substantially benefit the United States in one way or another. Thus, the petitioner can satisfy this requirement by submitting a statement that his or her entry to the United States will substantially benefit the United States based on the fact that he or she will be working in the area of extraordinary ability.
The regular processing time for EB-1A petition is 6-12 months on average. The premium processing, as an optional service, can shortens the petition waiting time to 15 calendar days. The USCIS charges $700 for regular processing and $2,500 for premium processing.
If you have any question about EB-1A or your eligibility for EB-1A immigrant visa, you are welcome to contact Polaris Law Group for a free initial consultation. Armed with excellent petition skills, tailor-made winning strategy, and attention to details, Polaris Law Group is the one you can entrust with your EB-1A application.
DISCLAIMER: This article includes general information and interpretation of the law. The materials here are for information purpose only and may not reflect the most current development of immigration law. The materials here are not intended, and must not be taken, as legal advice on any particular facts or circumstances. You should contact an attorney for advice on specific legal issues or problems.
