U.S. Citizenship and EB-1A Extraordinary Ability

1. What is the criteria for qualifying as an EB-1A Extraordinary Ability Alien?


To qualify as an EB-1A Extraordinary Ability Alien, the applicant must demonstrate sustained international acclaim in their field and a level of achievement indicating that they are one of the small percentage who has risen to the top of their field. The applicant must also demonstrate that their work has had a “major impact” on their field. Furthermore, the applicant must demonstrate that they have received awards and recognition for their work from prominent organizations or government entities.

2. How long is the EB-1A Extraordinary Ability Alien classification valid for?


The EB-1A Extraordinary Ability Alien classification is valid for an indefinite period of time.

3. What documentary evidence must be provided to establish eligibility for the EB-1A Extraordinary Ability Alien classification?


To establish eligibility for the EB-1A Extraordinary Ability Alien classification, documentary evidence must be provided that shows sustained national or international acclaim and that the individual has risen to the very top of his or her field; evidence such as documentation of a one-time, major, internationally-recognized award or achievement like a Nobel Prize; at least three of the following: receipt of lesser nationally or internationally recognized prizes or awards for excellence; membership in associations in the field that require outstanding achievements of their members; published material about the alien in professional or major trade publications or other major media; evidence of participation as a judge of the work of others in the same or related fields; evidence of authorship of scholarly articles in professional or major trade publications or other major media; evidence of a high salary or other remuneration for services; evidence of commercial success in the performing arts; and/or any other comparable evidence.

4. What are the criteria used to evaluate whether an alien has risen to the very top of their field of endeavor?


The criteria used to evaluate whether an alien has risen to the very top of their field of endeavor include: demonstrating sustained national or international acclaim; having a degree of expertise indicating that they are one of a small percentage of people who have risen to the very top of the field; and meeting at least two out of three criteria, such as receiving major prizes or awards for excellence, having membership in associations that require outstanding achievements of their members, or commanding a high salary or other remuneration for services.

5. How does USCIS evaluate whether an alien’s achievements are recognized in the field of endeavor?


USCIS evaluates whether an alien’s achievements are recognized in the field of endeavor by considering the type and level of recognition, the duration and scope of the recognition, and other relevant evidence. USCIS also considers whether the recognition came from a relevant, reliable, and independent source. Additionally, USCIS will consider the alien’s reputation for excellence in the field, as demonstrated through comprehensive documentation of the alien’s work and achievements.

6. What is the burden of proof for demonstrating extraordinary ability?


The burden of proof for demonstrating extraordinary ability is to present evidence that the applicant has risen to the very top of their field and has achieved sustained national or international acclaim. This may include evidence of receipt of major awards or prizes, membership in associations requiring outstanding achievements, and significant commercial success in the field.

7. How does one demonstrate sustained national or international acclaim in their field?


One way to demonstrate sustained national or international acclaim in a particular field is to receive awards or accolades from recognized organizations or agencies, such as professional societies, academic institutions, or government agencies. Additionally, one can demonstrate sustained national or international acclaim by having their work regularly featured in well-respected publications or having their name regularly associated with their field. Finally, one can demonstrate sustained national or international acclaim by being frequently sought out as an expert or speaker in their field.

8. How is a one-time achievement evaluated for acceptance as evidence of extraordinary ability?


Generally, a one-time achievement must be supported by evidence that it was of a significant or substantial nature and that it has come to an individual’s attention as a result of his or her efforts, skill, knowledge, and experience. Additionally, the individual must demonstrate that he or she has achieved sustained international acclaim in the field and that the achievement is of national or international significance.

9. What are the steps for applying for naturalization?


1. Determine Eligibility: To be eligible to apply for naturalization, an applicant must meet certain criteria. This includes having been a Lawful Permanent Resident (green card holder) for at least five years, being at least 18 years old, and having good moral character.

2. Gather Documents: The applicant must gather documents to prove identity, residence, and other requirements. This includes a U.S. passport or other valid form of identification, proof of residence, evidence of lawful admission to the U.S., and court records if applicable.

3. Submit Application: Once the applicant has gathered the necessary documents, they must complete Form N-400, Application for Naturalization. The form must be submitted along with the documents and the necessary filing fees.

4. Attend Biometrics Appointment: After submitting the application, the applicant will be required to attend a biometrics appointment at a USCIS Application Support Center (ASC). At this appointment, the applicant will provide fingerprints and have their photograph taken for use in an FBI background check.

5. Attend Interview: The next step in the naturalization process is an interview with a USCIS officer. During this interview, the applicant will be asked questions about their application and background and will be required to demonstrate their English skills and knowledge of U.S. history and government.

6. Take Oath of Allegiance: The final step in the naturalization process is taking the Oath of Allegiance to the United States at a swearing-in ceremony. After taking the oath, the new American citizen will receive their Certificate of Naturalization.

10. What are the requirements to become a U.S. citizen by birth or through naturalization?


To become a U.S. citizen by birth, you must meet certain requirements as established by the 14th Amendment of the U.S. Constitution, such as being born in the United States or certain territories or outlying possessions of the United States, or being born to U.S. citizen parents.

To become a U.S. citizen through naturalization, you must meet certain requirements as established in the Immigration and Nationality Act (INA). These requirements include being at least 18 years old; having been a permanent resident of the United States for at least five years (or three years if married to a U.S. citizen); being able to speak, read, and write English; passing a civics test; and having good moral character. Additionally, applicants for naturalization must demonstrate an attachment to the principles of the U.S. Constitution and show loyalty to the United States by taking the Oath of Allegiance.

11. How long must you be physically present in the United States to begin the naturalization process?


The amount of time you must be physically present in the United States to begin the naturalization process varies, depending on your eligibility. Generally, you must reside in the U.S. continuously for at least 5 years, or 3 years if you are married to a U.S. citizen. You must also demonstrate physical presence for at least half of that time.

12. Is it possible for an individual to become a U.S. citizen without meeting the physical presence requirement?


Yes, an individual can become a U.S. citizen without meeting the physical presence requirement if they:
1. Have served honorably in the U.S. armed forces.
2. Have residency or employment in an overseas U.S. diplomatic post for a certain period of time.
3. Have resided in the U.S. for at least 5 years as a resident alien or lawful permanent resident (LPR).
4. Have a parent or grandparent who is already a U.S. citizen and has lived in the U.S. for a certain period of time before the applicant applied for citizenship.

13. What is the meaning of the term “good moral character” as it relates to U.S. citizenship eligibility?


Good moral character is an eligibility requirement for U.S. citizenship. It requires that the applicant show that they possess behaviors and qualities that conform to the accepted standards of the community. Examples of good moral character include honesty, lawfulness, trustworthiness, respect for others, and a lack of criminal activity.

14. What is the meaning of “lawful permanent resident” in relation to U.S. citizenship eligibility requirements?


A lawful permanent resident is an individual who has been granted permanent immigration status in the U.S. by the Department of Homeland Security. This status allows them to remain in the U.S. and to travel abroad for certain periods of time. It is usually a prerequisite for eligibility for U.S. citizenship, although there are exceptions.

15. How does an individual prove that they have been a lawful permanent resident for a specific length of time?


An individual can prove that they have been a lawful permanent resident for a specific length of time by providing evidence such as a valid green card (Form I-551) with an expiration date, or Form I-797 (Notice of Action) from the United States Citizenship and Immigration Services (USCIS) that shows the date when their lawful permanent resident status was approved. Additionally, an individual can provide proof of employment authorization, such as an Employment Authorization Document (EAD) with the same expiration date as their green card.

16. What is the minimum length of continuous residence required to be eligible for naturalization as a U.S. citizen?


The minimum length of continuous residence required for naturalization is 5 years.

17. Can an individual be denied U.S. citizenship because of past criminal convictions?


Yes, an individual may be denied U.S. citizenship because of past criminal convictions. Depending on the circumstances, an individual may be ineligible for citizenship due to criminal behavior such as fraud, drug trafficking, or a violent crime.

18. Are there exemptions from needing to take an English language and civics test in order to become a U.S citizen?


Yes, there are exemptions from needing to take an English language and civics test in order to become a U.S citizen.

Applicants over the age of 50 who have lived in the United States as a permanent resident for at least 20 years, or applicants over the age of 55 who have lived in the United States as a permanent resident for at least 15 years are exempt from taking the English language test.

Additionally, applicants with a physical or developmental disability or mental impairment are also exempt from taking the English language and civics tests.

19. Is it possible to become a U.S citizen through military service?


Yes, it is possible to become a U.S citizen through military service. According to U.S Citizenship and Immigration Services, members of the U.S military who are non-citizens may become eligible for naturalization if they meet specific requirements. These requirements include having served honorably for at least one year in the U.S Armed Forces during a time of declared hostilities, and having a period of lawful permanent residence in the U.S.

20. Are there any additional fees or costs associated with applying for U.S citizenship through naturalization?


Yes. The filing fee for the Form N-400, Application for Naturalization, is $725. This does not include the biometric services fee, which is an additional $85. There may also be additional fees required depending on the State or locality of the applicant.