EB1A Consular Processing: Navigating Your Green Card Journey Abroad
Are you residing outside the US and seeking green card options without employer sponsorship? If so, the EB1A could be the perfect choice for you.
If you have been wondering about the process of applying for an EB1A green card from your current country of residence, then you have likely come to the right place.
That being said, if you are applying for an EB1A green card outside the US, the process may slightly differ in the final stages.
In this blog post, we have provided an explanation of each step required to obtain your EB1A green card when applying from outside the US. Let’s begin.
What is Consular Processing?
If you are outside the US, have an approved EB1A petition, and when a priority date becomes available, you may file for an immigrant visa at a nearby US consulate/embassy instead of adjusting your status in the US. This process is known as consular processing.
Steps Involved in Consular Processing for EB1A
Here, we will outline the steps required to obtain an EB1A green card while residing outside the US.
1. Submit an Immigrant Petition for Alien Worker to USCIS
Begin by filing the I-140 application along with the necessary evidence documentation with USCIS. You will then await notification of the decision on your application.
If your EB1A petition is approved, USCIS will forward it to the Department of National Visa Center.
However, if you fail to meet the EB1A eligibility criteria, you will receive a denial notice detailing the reasons for the denial.
It’s crucial to note that USCIS typically provides an opportunity to address any issues in your EB1A application by issuing either an RFE (Request for Evidence) or NOID (Notice of Intent to Deny) before outright denial. This allows you to rectify any shortcomings in your application.
2. Receive Notifications from the National Visa Center
The National Visa Center(NVC) is responsible for collecting visa processing fees and supporting documentation. The NVC will notify you when it receives your EB1A I-140 application. Additionally, it will inform you about the availability of an immigrant visa for your EB1A petition. Moreover, it notifies you about when to submit visa application fees and supporting documents.
3. File D-260, Immigrant Visa Application
You are then required to complete the DS-260 form, the Immigrant Visa Application, online and submit the necessary supporting documentation to the National Visa Center (NVC). Once your priority date becomes available, the NVC will transmit your file to the appropriate consular office for further processing.
4. Attend the Immigrant Visa Interview
Then the consular officer will schedule an immigrant visa interview when an immigrant visa number becomes available for you. During the interview, the officer will check the accuracy of the information and your eligibility for the immigrant visa.
5. Receive your Immigrant Visa
After completing the interview and upon approval of your application, the consular officer will provide you with a visa packet. It’s important not to open this packet. To process it and receive your green card, you’ll need to pay USCIS immigrant fees.
Upon arrival in the US, you must present the sealed visa packet to the Customs and Border Protection (CBP) officer at the port of entry. The CBP officer will inspect the contents of the packet and assess your eligibility for lawful permanent residency in the US. If admitted, you will become a lawful permanent resident.
6. Get your EB1A Green Card
Upon arriving in the US with an immigrant visa and completing the payment of your USCIS immigrant fee, you can expect to receive your EB1A green card by mail within 45 days.
Distinguishing Between Consular Processing and Adjustment of Status
If you currently reside in the US and your EB1A I-140 has been approved by USCIS, you must file Form I-485, the application for adjustment of status, with USCIS once your priority date is current. Upon approval of the I-485, you will receive your green card.
On the other hand, if you reside outside the US, once your EB1A petition is approved and your priority date becomes available, you will need to undergo consular processing at the US embassy in your country of residence or home country in order to obtain an immigrant visa. Upon arrival in the US with the immigrant visa, you will receive your green card by mail.
Consular Processing Timeline
Following the approval of your I-140, the timeline for consular processing is subject to variation based on the workload of the specific U.S. embassy or consulate handling your case.
Conclusion
The key difference in the EB1A process when applying from abroad is that you must undergo consular processing at the US consulate instead of applying for an adjustment of status. Therefore, it’s crucial to understand the process thoroughly, regardless of whether you are applying from abroad or within the US.
The initial step in the EB1A process is obtaining approval for your I-140, which determines your EB1A eligibility. Consequently, you must submit evidence demonstrating your extraordinary ability to qualify for EB1A.
If you are seeking hands-on guidance to gather robust evidence for
EB1A to showcase your exceptional ability, explore
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