EB-1A Green Card: Most Frequently Asked Questions Answered
If you’re an accomplished individual with extraordinary abilities in your profession and are looking to make the United States your new home, the EB-1A green card might be your golden ticket.
In this blog, we will delve into the frequently asked questions (FAQs) surrounding the EB-1A, providing you with comprehensive answers to help you navigate the path to this remarkable visa.
1. What is the EB-1A Green Card?
The EB-1A green card, also known as the “Extraordinary Ability” visa, is a preference category for immigrants seeking lawful permanent residence in the United States.
It is designed for individuals with exceptional skills and achievements in their respective fields, such as science, arts, education, business, or athletics.
2. Who is Eligible for the EB-1A Green Card?
To qualify for the EB-1A, you must demonstrate extraordinary ability in your field.
Here are the key eligibility criteria:
- You must provide evidence of sustained national or international recognition in your field.
- You must show that you possess an extraordinary ability in your area of expertise.
- You must demonstrate that you intend to continue your contributions after obtaining the green card.
3. What Constitutes “Extraordinary Ability” for EB-1A?
“Extraordinary ability” means that the applicant has risen to the top of their field. This can be proven through various forms of evidence, such as:
- Receipt of major awards or prizes.
- Membership in professional associations.
- Published materials about the applicant’s work.
- Participation as a judge or reviewer in their field.
- Evidence of original contributions to their field.
It’s important to note that meeting at least three out of the 10 EB1A criteria can establish eligibility.
4. Is Self-Employment a Valid Proof for the EB-1A Green Card?
Yes,, self-employment holds merit as evidence. Demonstrating substantial contributions to one’s field through self-employment allows applicants to establish its significance and bolster their case for the EB-1A green card.
5. What is the Application Process for the EB-1A Green Card?
The application process for the EB-1A green card can be broken down into several steps:
- Prepare Your Documentation: Gather all the required evidence to support your extraordinary ability. This may include reference letters, awards, publications, and more.
- File Form I-140: Complete and submit Form I-140, Petition for Alien Worker, to USCIS. This form serves as your petition for the EB-1A green card.
- Pay the Required Fees: Pay the filing fee for Form I-140. The fee can vary, so it’s essential to check the current USCIS fee schedule.
- Wait for USCIS Decision: USCIS will review your petition and determine if you meet the eligibility requirements. The processing time can vary, so be prepared for some waiting.
- Adjust Status or Consular Processing: If your petition is approved and you are already in the United States, you can apply for an adjustment of status to obtain your green card. If you are outside the U.S., you will go through consular processing at a U.S. embassy or consulate.
- Conditional Green Card: If you are approved for the EB-1A green card, you will receive a conditional green card. After one year, you can apply to have the conditions removed to obtain a permanent green card.
6. How Long Does it Take to Get an EB-1A Green Card?
The processing time for the EB-1A varies based on several factors, including the USCIS service center, the completeness of your application, and your country of origin. On average, it can take anywhere from six months to a year for the I-140 petition to be approved.
After that, the time required for adjustment of status or consular processing varies, but it’s much quicker than other employment-based green card categories.
7. Can I Include My Dependents in My EB-1A Green Card Application?
Yes, you can include your spouse and unmarried children under the age of 21 in your EB-1A green card application. They will be granted derivative status, allowing them to live, work, and study in the United States permanently.
Some educational institutions and organizations also offer financial aid, grants, and scholarships for EB1A green card holders.
8. Do I Need a Job Offer for the EB-1A Green Card?
No, the EB-1A does not require a specific job offer from a U.S. employer.
This visa is unique in that it is intended for individuals who have achieved a level of recognition and accomplishment in their field, making them eligible for permanent residency based on their personal qualifications rather than a job offer.
9. Can I Self-Petition for the EB-1A Green Card?
Yes, you can self-petition your EB-1A. Unlike some other employment-based visas that require an employer to sponsor you, the EB-1A allows individuals to apply on their own behalf.
This is particularly advantageous for self-employed individuals, artists, entrepreneurs, and academics.
10. How Many Recommendation Letters Do I Need?
While there is no specific requirement for the number of recommendation letters, it is recommended to provide at least three to five letters from experts in your field.
These letters should describe your accomplishments and contributions to the field and explain why you are considered to have extraordinary ability.
11. Is Premium Processing Available for the EB-1A?
Yes, premium processing is available for the EB-1A visa.
Premium processing allows you to expedite the adjudication of your Form I-140, typically within 15 calendar days, for an additional fee. This can be a valuable option for those who want a faster decision on their petition.
12. Can I Apply for an EB-1A While in the U.S. on a Different Visa?
Yes, you can apply for the EB-1A visa while in the United States on a different visa status, as long as you meet the eligibility criteria. For example, if you are in the U.S. on an H-1B visa, you can apply for the EB-1A visa if you meet the extraordinary ability requirements.
13. What Happens If My EB-1A Petition is Denied?
If your EB-1A green card petition is denied, you will receive a written notice from USCIS explaining the reasons for the denial.
You may have the option to file an appeal or a motion to reopen or reconsider the decision. It’s crucial to consult with an immigration attorney if your petition is denied, as they can help you determine the best course of action.
14. What is the Success Rate of EB-1A Petitions?
The success rate of EB-1A visa petitions varies depending on the strength of the applicant’s case and the quality of the supporting documentation.
While there are no official statistics available, applicants who can clearly demonstrate extraordinary ability and provide compelling evidence of their achievements tend to have a higher chance of approval.
15. Can I Travel Outside the U.S. While My EB-1A Green Card Petition is Pending?
If you are in the U.S. on a valid nonimmigrant visa, you can travel outside the country while your EB-1A visa petition is pending. However, it’s crucial to have the necessary travel documents and reentry permissions to avoid any complications.
Once you have been granted the EB-1A visa and become a U.S. permanent resident, you can stay outside the United States for up to one year without abandoning your green card status.
Staying longer than one year without a reentry permit may be seen as an abandonment of your permanent residency.
16. Can I Change Employers on an EB-1A Green Card?
The EB-1A green card does not tie you to a specific employer. You have the flexibility to change employers or even become self-employed in a related field without affecting your green card status.
17. What is the Difference Between the EB-1A and O-1 Visas?
The EB-1A and O-1 visas both cater to individuals with extraordinary abilities, but there are key differences.
The EB-1A visa leads to U.S. permanent residency (green card), while the O-1 visa is a temporary, non-immigrant visa. Moreover, the EB-1A visa doesn’t require sponsorship but O-1 does.
18. What Are the Benefits of the EB-1A Green Card?
The EB-1A visa comes with several attractive benefits:
- No Labor Certification: Unlike many other employment-based visas, the EB-1A does not require a labor certification, which can be a time-consuming and complex process.
- Favorable Priority Date: The EB1A has a much more favorable priority date than EB2 and EB3, making it the fastest way to become a permanent resident in the US.
- Inclusion of Dependents: You can include your spouse and unmarried children under 21 as dependents on your visa application.
- Flexibility: The EB-1A visa allows you to pursue your field of expertise without being tied to a specific employer.
19. Can I Apply for the EB-1A Green Card from Any Country?
Yes, the EB-1A is available to individuals from any country. As long as you meet the eligibility criteria and can provide the required evidence of extraordinary ability, you can apply for this visa regardless of your country of origin.
Conclusion
It’s never too early or too late to apply for an EB1A visa, and it’s the quickest way to secure your future in the United States.
The Smart Green Card program helps you create a top-notch EB1A profile right from the start! We streamline the EB-1A green card application process using a proven framework and hands-on assistance that elevates your profile from ordinary to extraordinary.
Allow us to be your light of guidance on the road to obtaining your Green Card.
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