EB1A Visa (Extraordinary Ability)
A self-petition Green Card for individuals demonstrating extraordinary ability in their field without requiring employer sponsorship.
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EB1A Visa (Extraordinary Ability)
A self-petition Green Card for individuals demonstrating extraordinary ability in their field without requiring employer sponsorship.
The EB-1A visa is designed for individuals of extraordinary ability in the fields of science, arts, education, business, or athletics. This visa offers a pathway to U.S. permanent residency without requiring employer sponsorship, as long as the applicant can demonstrate that they have risen to the very top of their field and that their achievements have been nationally or internationally recognized.
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Key Requirements
Extraordinary Ability: Applicants must provide evidence of sustained national or international acclaim and demonstrate that their achievements place them at the top of their field.
2. Self-Petition: No U.S. employer sponsorship is required. Applicants can file Form I-140 themselves.
3. Field of Expertise: The applicant’s extraordinary ability must be in one of the following categories:
- Sciences
- Arts
- Education
- Business
- Athletics
Eligibility Criteria:
Applicants must fulfill either:A one-time achievement (e.g., a major internationally recognized award like a Nobel Prize).
At least three of the following criteria:
1-Receipt of lesser nationally or internationally recognized prizes or awards for excellence.
2-Membership in associations that require outstanding achievement as a criterion.
3-Published material about the applicant in professional or major trade publications or media.
4-Participation as a judge of others’ work, either individually or on a panel.
5-Original contributions of major significance in their field.
6-Authorship of scholarly articles in professional journals or other major media.
7-Display of work at artistic exhibitions or showcases.
8-Performance in a leading or critical role for organizations or establishments with a distinguished reputation.
9-Command of a high salary or remuneration in relation to others in the field.
10-Commercial success in the performing arts.
Application Process:
Form I-140 Petition: This form is the primary petition to apply for the EB-1A visa. Applicants must include evidence proving extraordinary ability.
Supporting Documentation: Evidence such as awards, publications, letters of recommendation, and documentation of the applicant’s contributions to their field.
Processing Time: The standard processing time varies but can be expedited through premium processing (typically around 15 days).
Benefits of the EB-1A Visa
No Employer Sponsorship Needed: Applicants can self-petition.
Faster Green Card Pathway: The EB-1A visa is a high-priority category, making it faster compared to other employment-based visas.
Freedom to Work: Green Card holders can work for any employer or start their own business in the U.S.
Family Inclusion: Spouses and unmarried children under 21 can also obtain permanent residency.
FAQs
What is the difference between EB-1A & other EB visas?
EB-1A is for individuals with extraordinary ability and does not require employer sponsorship, unlike other employment-based visas.
Can I apply if I don’t have a Nobel Prize or similar award?
Yes, applicants can qualify by meeting at least three of the outlined criteria instead of a one-time major achievement.
How long does the process take?
Standard processing times vary but opting for premium processing can reduce the wait time to around 15 days for Form I-140.
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