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Demystifying the EB-1A Green Card: A Comprehensive Guide for Extraordinary Achievers

EB-1A Green Card
According to a latest study, more than 1.1 million Indians are in the queue for an employment-based Green Card and 400,000 of them may never receive their much-sought-after golden ticket to permanent residency in the US.
 
The dream of obtaining a green card, a symbol of permanent residency in the United States, has turned into a seemingly endless wait.
 
Amidst the vast sea of applicants striving for a Green Card, why not carry a distinctive torch, a flame that burns brighter for the long-sought-after dream of permanent residency?
 
Enter the other side of the spectrum, the EB-1A green card, a less-frequently discussed yet captivating route to achieving your dreams.  
 
This comprehensive guide is your hand-in-hand journey through the eligibility criteria, the application process, and the incredible benefits awaiting immigrants with extraordinary abilities or achievements. 
 

What is EB-1A? 

The EB-1A visa, or the Employment-Based First Preference Visa in the United States, is a type of green card specifically designed for individuals who possess extraordinary abilities or achievements in their respective fields.
 
It is a part of the EB-1 preference category, which is reserved for priority workers and individuals who have demonstrated an outstanding level of expertise and recognition in their field.
 
Getting an EB-1A visa may seem a daunting task but each year, USCIS makes 40,000 visas available under the EB1 category, and the approval rate is high if the petitioner can prove they meet the qualifications.
 
Here’s a breakdown of what the EB-1A green card entails for you: 
 

1. Extraordinary Abilities:

To qualify for EB-1A, you must have a record of extraordinary abilities in your field. These abilities should be demonstrated through sustained national or international acclaim, setting you apart as a prominent figure in your area of expertise. 
 

2. Eligibility Criteria:

The specific eligibility criteria for the EB-1A green card include showing evidence of extraordinary abilities through a range of achievements such as awards, publications, patents, peer recognition, or any other documentation that highlights your exceptional talent and contributions to your field. 
 

3. No Job Offer Required:

Unlike many other employment-based visas, the EB-1A does not require a specific job offer from a U.S. employer. You have the freedom to work in your area of expertise without being tied to a particular employer. 
 

4. Beneficial Contribution:

An important aspect of the EB-1A green card is the requirement that you demonstrate the potential to make a significant contribution to your field in the United States. The U.S. government looks for individuals who can enrich the country with their unique abilities. 
 

5. Citizenship:

Once granted, the EB-1A visa can be a stepping stone to citizenship in the U.S. The EB1A recipients can apply for citizenship after five years of permanent residency.  
 

6. Faster Processing:

The EB-1A green card is known for its faster processing times compared to other employment-based green cards, making it a desirable choice for those looking to start their American journey without unnecessary delays.
 
 

Eligibility Criteria: The Road to Extraordinary 

Among the three categories of Extraordinary Visa, only EB-1A allows self-petitioning, meaning that as mentioned above, you do not need a sponsor for your green card. However, this is where the complex process begins.
 
EB-1A also has a very high standard of requirements. It requires the petitioner to meet at least 3 out of the 10 listed criteria below to prove extraordinary ability in the field  –
 
  • Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence 
  • Evidence of 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 of judging the work of others, either individually or on a panel 
  • Evidence of original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field 
  • Evidence of authorship of scholarly articles in professional or major trade publications or other major media 
  • Evidence that work has been displayed at artistic exhibitions or showcases 
  • Evidence of performance of a leading or critical role in distinguished organizations 
  • Evidence of high salary or other significantly high remuneration in relation to others in the field 
  • Evidence of commercial successes in the performing arts 
 

EB1A Application Process: Crafting Your Story 

Once you meet the eligibility criteria, the journey of crafting the story begins!  
 
  • Step 1: Preparation of Documentation 
The U.S. government seeks individuals who promise to contribute significantly to the nation. Hence you must gather compelling evidence – awards, publications, patents, and peer recognition – to compose a masterpiece that showcases your extraordinary talent. 
 
  • Step 2: Form I-140, Immigrant Petition for Alien Worker 
With your evidence in hand, you have to file Form I-140 with U.S. Citizenship and Immigration Services (USCIS). This document serves as the declaration of your eligibility for the EB-1A green card, and it’s where your supporting documentation finds its place. 
 
  • Step 3: Evaluation by an Expert Panel 
Your application will be assessed by an expert panel, who will determine if your achievements truly meet the EB-1A criteria. Their evaluation is critical in the decision-making process. 
 
  • Step 4: Adjustment of Status or Consular Processing 
Once your Form I-140 is approved, you can proceed with either adjusting your status if you’re already in the U.S. or going through consular processing at a U.S. embassy or consulate in your home country. 
 
Upon approval, you’ll be granted an EB-1A visa. You can then enter the U.S. to pursue your extraordinary work and achievements. 
 

Need a Guide for Your Journey? 

We understand that achieving the EB-1A green card is a substantial and often intricate journey. That’s why our Founder, Saiman Shetty, a seasoned tech professional and EB1A recipient himself, decided to extend a helping hand to others pursuing their dream of obtaining an EB-1A Green Card.
 
While we can’t promise to magically deliver a Green Card to your doorstep, we’ve developed a proven framework, along with hands-on support to not only streamline the EB1A application process but also optimize your profile to transform it from ordinary to extraordinary.
 
With a deep understanding of the EB1A criteria and the intricacies of the process, we are here to become a guiding light for you, providing you with the means to earn your Green Card.  

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Smart Green Card is not a law firm, and our products or content should NOT be construed as legal advice on any subject matter. You should neither act nor refrain from acting based on our offerings or content without seeking legal advice from counsel in the relevant jurisdiction. All liability concerning actions taken or not taken based on our offerings is hereby expressly disclaimed.

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