EB-1A Visa Explained: The Fastest Path to U.S. Green Card

What is the EB-1A Visa?‍

The EB-1A visa is a first-preference, employment-based immigrant visa category for individuals who demonstrate extraordinary ability in fields such as sciences, arts, business, education, or athletics. 

Unlike other employment-based visas, the EB-1A allows individuals to self-petition for a green card without the need for a labor certification or job offer. It is often the fastest route to a U.S. green card, as EB-1A visa numbers are usually current, meaning applicants do not face long wait times.

This guide will walk you through the eligibility criteria, application process, and benefits of applying for the EB-1A visa.

Who Qualifies as an Alien of Extraordinary Ability?

To qualify for the EB-1A visa, applicants must demonstrate that they have risen to the very top of their field and have sustained national or international acclaim. USCIS requires extensive evidence of extraordinary ability, which may include:

• Major internationally recognized awards (e.g., Nobel Prize, Olympic medals).
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• Meeting at least 3 of the 10 regulatory criteria such as:
  
  • Published material about your work.
  • Original contributions of major significance.
  • Authorship of scholarly articles.
  • Judging others' work.
  • High salary compared to others in your field.
  • Membership in associations requiring outstanding achievements.

Applicants must also show that they intend to continue working in their field of extraordinary ability in the U.S.

Do I Need an Employer to Sponsor Me for the EB-1A Visa?

No, the EB-1A visa allows for self-petitioning, meaning you do not need an employer sponsor or job offer to apply. This visa is available to individuals who have demonstrated extraordinary ability and plan to continue working in their field of expertise after obtaining permanent residency.

What is the Application Process for the EB-1A Visa?

EB-1A Visa Application Process:

1. File Form I-140 (Immigrant Petition for Alien Worker) with USCIS.
   
   • The petition must include evidence of extraordinary ability, such as awards, publications, and other forms of documentation.
     
2. Once Form I-140 is approved and visa numbers are current, applicants can:
   
   • File Form I-485 to adjust status if inside the U.S.
     
   • Apply for an immigrant visa through consular processing if outside the U.S.
     
3. Concurrent Filing: If visa numbers are immediately available, you may file Form I-485 concurrently with Form I-140.
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4. Biometrics and Interview: Applicants may be required to attend biometrics appointments and possibly an interview during the adjustment of status or consular process.

Pro Tip: Premium processing is available for the EB-1A petition, which guarantees a decision within 15 calendar days for an additional fee.

How Long Does the EB-1A Process Take?

Processing Times for the EB-1A Visa:

• Form I-140 petitions typically take 6 to 9 months to process, with the option for premium processing (15 calendar days).
• Adjustment of status (Form I-485) typically takes 8 to 14 months, depending on case complexity and USCIS processing times.
• Consular processing may take several additional months, depending on the U.S. embassy or consulate.

Visa Availability: EB-1A visa numbers are typically current for most countries, which allows for faster processing and fewer delays.

What Are the Main Criteria for EB-1A Approval?

To be approved for the EB-1A visa, applicants must meet at least 3 of the 10 criteria below:

1. Receipt of major internationally recognized awards.
2. Membership in associations requiring outstanding achievements.
3. Published material about the applicant’s work in professional publications.
4. Participation as a judge of others' work in the field.
5. Original contributions of major significance to the field.
6. Authorship of scholarly articles in professional journals or major trade publications.
7. Employment in critical or essential roles for distinguished organizations.
8. High salary or remuneration compared to others in the field.
9. Commercial successes in the performing arts (e.g., box office earnings, sales).
10. One major internationally recognized award can meet the criteria by itself.
    

After meeting the required criteria, applicants must also pass a merits' determination, where USCIS assesses whether the totality of evidence shows extraordinary ability.

Can I Apply for EB-1A if I Am Outside the U.S.?

Yes, you can file an EB-1A petition regardless of your current location. After Form I-140 is approved, you can apply for an immigrant visa at a U.S. consulate abroad.

Can I Work in a Different Field After Getting an EB-1A Green Card?

No, applicants must continue working in the field of extraordinary ability specified in their petition. 

If there is a significant change in your professional focus after obtaining your EB-1A green card, USCIS may revoke your permanent residency or deny your adjustment of status.

What Happens if My EB-1A Petition Is Denied?

If your EB-1A petition is denied, USCIS will provide a notice explaining the reasons for the denial. Applicants can:

• Submit additional evidence in response to a Request for Evidence (RFE).
• File a motion to reopen or reconsider the case.
• Reapply with stronger evidence, if necessary.

Pro Tip: If denied at a consulate, you may reapply at another consulate after addressing the issues raised in the denial.

Is Premium Processing Available for EB-1A?

Yes, premium processing is available for EB-1A petitions. For an additional fee, USCIS will guarantee a decision on your I-140 petition within 15 calendar days. This service helps speed up the processing time.

How Competitive is the EB-1A Visa?

The EB-1A visa is one of the most prestigious and difficult U.S. visas to obtain due to the high standard of proof required. However, the benefits of the EB-1A visa include:

• No labor certification requirement.
• No employer sponsorship needed.
• Current visa availability, allowing faster processing for many applicants.

Can I File EB-1A and EB-2 NIW Petitions Simultaneously?

Yes, it is possible to file both EB-1A and EB-2 NIW petitions simultaneously. Many applicants choose to do so to maximize their chances of approval. 

The EB-1A has a higher standard of evidence but is typically processed faster, while the EB-2 NIW may have a slightly lower threshold but offers an alternative path to a green card.

Conclusion

The EB-1A visa provides a unique opportunity for individuals with extraordinary abilities in their field to self-petition for a U.S. green card. It offers significant advantages, such as no employer sponsorship and no labor certification requirements, and provides one of the fastest routes to permanent residency. 

If you meet the high standards required for this visa, it can be a highly rewarding pathway to a career in the U.S.