9 EB1A Green Card Myths Debunked
While the EB1A offers numerous advantages, it is often shrouded in myths that can deter potential applicants like you from even considering this path.
In this article, we will delve into some of the common myths surrounding the EB-1A green card and provide accurate information to help clarify the process for you.
Myth 1: Only Nobel Prize Winners Qualify for EB1A
One of the most pervasive myths about the EB-1A green card is that only Nobel Prize winners or individuals with similarly prestigious accolades can qualify for this category.
While Nobel Prize recipients certainly meet the extraordinary ability criteria, the EB-1A is designed to encompass a wide range of fields and accomplishments.
USCIS also recognizes lesser-known national or international awards for the EB1A green card.
Myth 2: Only Individuals with Advanced Degrees Qualify
Having an advanced degree like PhDs or Master’s does not make it easier to qualify for the EB1A green card. The emphasis is on your extraordinary ability and accomplishments, which can include a combination of educational background, work experience, and significant contributions to your field.
This myth arose because most people who achieved EB-1 got it through EB1B, which is a separate category for outstanding professors and researchers. Even though a Ph.D. is not a requisite for EB1B either, most researchers happen to have one anyway.
This is how the myth spread. However, the 10 EB1A criteria do not say anything about a specific degree, field, or job title. In fact, most Smart Green Card members who have successfully earned their EB1A green card are tech professionals who do not hold a Ph.D.
Myth 3: It's Only for People Currently Residing in the U.S.
This is another misleading piece of information that you may come across on the internet.
You can apply for the EB-1A green card while residing in the U.S. on a different visa status, as well as from abroad. Adjusting your status from within the U.S. can be advantageous, but being outside the U.S. does not disqualify you from applying.
Myth 4: Rejection Means You Can Never Apply Again
If an EB1A application is denied, it does not mean an applicant is permanently ineligible. Depending on the reasons for the denial, you can reapply with stronger evidence or address any issues that led to the initial rejection.
You can also sue USCIS in court for wrongful denial. The Smart Green Card program has helped several EB1A seekers address issues in their profile after being served an RFE (Request for Evidence) by USCIS, reapply, and get approved.
Myth 5: An O-1 Visa Holder Doesn't Need an EB-1A Green Card
While the O-1 visa is for individuals with extraordinary abilities who wish to work in the U.S., it is a non-immigrant visa with temporary status. It needs to be renewed over and over again, denying you that sense of permanency and freedom in the States.
An EB1A green card, on the other hand, is an immigrant visa that provides permanent residency. Many O-1 visa holders eventually seek an EB-1A green card to secure their long-term status in the U.S.
Why not aim straight for the bull’s eye?
Myth 6: You Need a Job Offer or Employer Sponsorship
Unlike other employment-based green card categories, the EB1A does not require a job offer or employer sponsorship. It allows you to self-petition, meaning you can file the application without needing a U.S. employer to sponsor you.
This feature makes the EB-1A an attractive option for those seeking greater autonomy in their immigration process. Technically, you don’t even need to be employed to apply for the Einstein visa.
However, people who have reached the pinnacle of their careers have a job offer anyway. Being employed is also necessary to prove the intent to continue working in your field of endeavor after receiving the green card.
Myth 7: EB1A Green Card is Only for STEM Fields
The EB1A green card is not designed for STEM professionals only. It encompasses a wide array of domains, including but not limited to arts, humanities, sports, business, and education.
If an applicant can showcase extraordinary ability and significant contributions in their field, they may qualify, regardless of the field’s category.
Myth 8: You Need a Ton of Citations
Contrary to popular belief, you don’t need a huge number of citations to qualify for EB1A. Publishing scholarly articles is just one of the 10 EB1A criteria outlined by USCIS. You can pursue other eligibility factors such as critical role in an organization, high salary, memberships, awards, and more.
There are other ways to prove your original contribution such as letters of recommendation or product documentation from your employer, licensing agreements, etc.
Myth 9: Only Millionaires Are Eligible
If that were true, only millionaires would get the EB1A green card. While proving a high salary is one of the 10 eligibility requirements, USCIS does not look at an objective number.
If you’re going for the salary criterion, you need to prove that you command a higher salary compared to your peers in the field. A W-2 form is what you’ll need to demonstrate your salary for EB1A.
Conclusion
By dispelling these myths, we hope to empower those who possess extraordinary abilities to navigate the EB1A application process with clarity and confidence.
It is evident that the EB1A category is not reserved for a select few but is open to exceptional individuals across a diverse spectrum of fields. Whether you’re an artist, scientist, entrepreneur, athlete, or scholar, the EB-1A green card provides a gateway to permanent residency based on your unique achievements and contributions.
Disclaimer: This information is not a substitute for legal advice. Please consult an immigration attorney before taking any action.
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- September 4, 2023
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