Mastering the EB1A Requirements: Streamlining Your Path to a U.S. Green Card
Are you currently holding an H1B visa and seeking green card options in the US within a reasonable timeframe? Alternatively, are you waiting in a long green card queue?
These two scenarios are quite common for Indians in the US. Therefore, if you are considering a possible green card solution, then the EB1A is the right path for you.
EB1A offers shorter green card wait times and EB1A priority dates, advancing more rapidly compared to EB2 and EB3 green cards.
Explore detailed EB1A requirements and the final merits determination test in this blog for securing your EB1A green card. Let’s delve in!
What is EB1A?
EB1A is a type of green card that falls under the employment-based first preference category (EB1). EB1A is tailored for individuals with extraordinary abilities in their respective fields.
Although EB1A requirements are strict, EB1A offers unique advantages over other US green card categories:
Self-petition: You can file your EB1A petition yourself with the USCIS. Therefore, you don’t need an employer sponsor for your green card application.
No labor certification: The EB1A green card does not require labor certification. Therefore, you can skip the PERM process, which typically takes an average of 6-18 months.
Priority Date: EB1A priority dates move faster than those of EB2 and EB3 green card categories, as evidenced by the January 2024 visa bulletin.
No job offer required: EB1A doesn’t necessitate job offer from a US employer. However, most people applying for EB1A have a job offer as the category requires you to prove your intent to continue working in your field of expertise.
Job flexibility: You can easily switch employers while your green card is in process, as you have self-petitioned your green card application.
How to Prove Your Extraordinary Ability for EB1A?
To meet the requirements of EB1A, you need to demonstrate expertise in diverse fields such as arts, science, education, sports, and business.
That said, you have two options to demonstrate your exceptional ability in your field:
1. If you are a recipient of one-time achievement awards such as Nobel Prizes, Grammy Awards, etc., you will satisfy the EB1A qualifications. Or
2. You need to fulfill a minimum of 3 out of 10 EB1A criteria and pass the final determination phase to qualify for EB1A.
The majority of applicants opt for the second option.
EB1A Requirements
USCIS officers conduct a two-step evaluation process to determine whether you qualify for EB1A:
Step 1: Examine whether you meet at least 3 out of 10 EB1A criteria
In this step, USCIS officers assess whether your submitted evidence meets a minimum of three out of the 10 EB1A criteria.
To determine whether you meet specific criteria, they consider both the quality and level of evidence as per the regulatory requirements of that particular criterion.
Now, let’s discuss the overview of the EB1A requirements of 10 EB1A criteria:
1. Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence:
To satisfy the EB1A awards criteria, you should have received lesser-known awards that are recognized either nationally or internationally in your field of expertise.
Therefore, you don’t require prestigious awards like the Nobel Prize. That being said, nationally or internationally recognized lesser-known awards meet this criterion. A few examples of lesser-known awards are the Indian Achievers Award, the Best Scientific Research Paper Award, etc.
2. Evidence of your membership in associations in the field that demand outstanding achievement of their members:
To satisfy the EB1A membership criteria, one must possess membership in associations that require outstanding achievements. Moreover, acquiring this membership should entail a rigorous review process conducted by field experts.
For example, general IEEE membership does not qualify. Conversely, achieving fellow status in IEEE does fulfill this criterion.
3. Evidence of published material about you in professional or major trade publications or other major media:
To meet the EB1A press criteria, you must have press coverage that talks about both you and your work within your field of expertise, featured in major media/trade publications, or professional publications.
It is important to note, that if you hire a PR news wire agency, that publishes the same content across various platforms, it does not meet EB1A requirements.
For instance, USCIS acknowledges organic press coverage in major media as sufficient evidence.
4. Evidence that you have been asked to judge the work of others, either individually or on a panel:
To meet the EB1A judging criteria, you must have participated in evaluating the work of others in the same field or a similar field. It is important to note that USCIS also assesses the quality of judging work.
For example, peer review and judging entrepreneurship competitions qualify for EB1A judging criteria.
5. Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field:
To meet the original contribution criteria, you should have made innovations, advancements, or developments in your field that are of major significance in your field. The groundbreaking work should be something entirely new; it varies depending on the field.
For instance, a research paper is considered your original work, but it must be of major significance in your field to fulfill this criterion.
6. Evidence of your authorship of scholarly articles in professional or major trade publications or other major media:
To meet the EB1A requirements for authorship criteria, you should have authored scholarly articles published in professional or major media/trade publications. Furthermore, USCIS also examines the significance of the articles within your field.
For instance, peer-reviewed articles serve as one kind of strong evidence to fulfill this criterion.
7. Evidence that your work has been displayed at artistic exhibitions or showcases:
To satisfy the 7th EB1A criterion, your work should have been showcased in artistic exhibitions or showcases.
This EB1A criteria is related to artists. Nevertheless, you can still make your argument to meet this criterion by highlighting instances where your work has been showcased at TEDx conferences or specific conferences in your field.
However, make sure to emphasize that you are not an artist.
8. Evidence of your performance of a leading or critical role in distinguished organizations:
To meet the EB1A critical role criteria, you should have performed a leading or critical role in a reputable organization or establishment.
If you do not currently hold a leading role in your organization, you can still fulfill this criterion by demonstrating that you have played a critical role in an organization.
That being said, provide evidence that your contributions have had a significant impact on the outcome of the distinguished organization or establishment.
Additionally, if you require guidance on the type of evidence to submit for the EB1A critical role criteria, please refer to our detailed blog on EB1A critical roles.
9. Evidence that you command a high salary or other significantly high remuneration in relation to others in the field:
To meet the EB1A requirements concerning the high salary criterion, you must demonstrate that you have received a high salary compared to others in your field.
However, you can also submit your job offer as evidence to demonstrate the EB1A high salary requirements.
Moreover, instead of using broader job titles, incorporate specific job titles relevant to your field to ensure fair assessment by USCIS.
10. Evidence of your commercial successes in the performing arts:
To meet the 10th EB1A criterion, you need to prove that you have achieved commercial success in the performing arts, and this criterion is relevant to artists.
However, if you are a person in the tech field, you can still meet this criterion.
For instance, when a certain product module designed by you achieves major success in the field and yields financial returns for you. This can serve as evidence to showcase your commercial success in your field.
Step 2: Final Merits Determination
In this part, USCIS officers decide whether you are eligible for an EB1A green card.
That said, once you meet at least three EB1A criteria, then USCIS officers examine the submitted evidence or EB1A petition in its entirety to determine:
- Whether you have received national or international acclaim
- Whether your achievements have been recognized in the field of expertise.
- Your intention to continue your work in the field of expertise
- You will substantially benefit to the US.
If your evidence in its entirety shows you are a person of extraordinary ability, you will qualify for EB1A.
However, in case your evidence fails to meet the final merits determination phase, USCIS officers deny your application stating the reasons behind the rejection.
Sometimes, if USCIS officers need additional evidence to decide on your case, they issue a Request for Evidence (RFE). Make sure you respond to RFEs within the timeframe; otherwise, it may lead to the denial of your application.
Conclusion
To meet EB1A requirements, you need to satisfy at least three criteria and fulfill the final merits determination phase.
However, for some applications, only a few items are sufficient, while others may necessitate more evidence to prove their case. Therefore, each EB1A profile is unique, and a tailored approach is essential for success.
That said, in the Smart Green Card VIP plan, we provide customized action plans, professional dashboards for EB1A tasks, progress tracking tools, and expert support for your EB1A journey.
As a result, we help you collect robust evidence that not only satisfies at least six criteria but also fulfills the final merits determination phase for EB1A success. If you are ready to earn an EB1A green card in the shortest time frame, explore our Smart Green Card VIP plan.
- SGC
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