1. What is an EB-1A “Extraordinary Ability” Green Card?
An EB-1A “Extraordinary Ability” Green Card is a type of United States permanent residence visa reserved for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics. The visa allows successful applicants to live and work permanently in the United States. To be eligible for an EB-1A Green Card, a foreign national must establish extraordinary ability in their field through sustained national or international acclaim, as evidenced by a one-time major achievement or a series of successes over a period of years.
2. Who is eligible for an EB-1A Green Card?
The EB-1A Green Card is reserved for “aliens of extraordinary ability” in the fields of science, art, education, business, and athletics. To be eligible for an EB-1A Green Card, the applicant must demonstrate sustained national or international acclaim in their field and must have achieved a major, internationally recognized award such as a Nobel Prize.
3. What are the criteria to qualify for EB-1A?
To qualify for an EB-1A visa, the applicant must show:
# Extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim
# Achievement of significant recognition in their field of expertise
# Substantial documentation of the applicant’s expertise and accomplishments
# Proven record of significant contributions to their field
# Intention to continue to make those contributions in the United States
4. How much does it cost to apply for an EB-1A Green Card?
The filing fee for an EB-1A green card is $1,225. In addition, there may be additional fees if the applicant needs to submit additional forms or evidence.
5. What types of evidence are accepted to prove extraordinary ability?
The U.S. Citizenship and Immigration Services (USCIS) typically accepts evidence in the following categories to determine extraordinary ability:
1. Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence.
2. Evidence of membership in associations in the field which demand outstanding achievements of their members.
3. Published material in professional or major trade publications, newspapers, or other major media about the beneficiary and his/her work in the field.
4. Evidence that the beneficiary has been asked to judge the work of others, either individually or on a panel.
5. Evidence of original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.
6. Evidence of authorship of scholarly articles in professional journals or other major media.
7. Evidence that the beneficiary’s work has been displayed at artistic exhibitions or showcases.
8. Evidence of performance of a leading or critical role in distinguished organizations.
9. Evidence that the beneficiary has commanded a high salary or other significantly high remuneration for services.
10. Evidence that the beneficiary has achieved commercial successes in the performing arts.
6. How long does it take to get an EB-1A Green Card?
The timeline for the EB-1A Green Card process can vary depending on the individual’s circumstances and current backlogs. Generally speaking, it can take around 6 months to a year to complete the entire process.
7. What documents must I provide when applying for an EB-1A Green Card?
When applying for an EB-1A Green Card, you must provide the following documents:
1. Evidence of a one-time, major, internationally recognized award or documentation of at least two of the following forms of recognition:
-Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
-Evidence of membership in associations in the field that require outstanding achievements of their members, as judged by recognized international experts in their fields
-Evidence of published material in professional or major trade publications or other major media about the alien’s work in the field for which classification is sought
-Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or in an allied field of specialization
-Evidence of original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
-Evidence of authorship of scholarly articles in professional or major trade publications or other major media in the field for which classification is sought
-Evidence that the alien has been employed in a critical capacity for organizations and establishments that have a distinguished reputation
2. Evidence that the alien is renowned, leading, or well-known in his or her field. This includes evidence of the alien’s receipt of nationally or internationally recognized prizes or awards for excellence in his or her field; evidence that the alien has command over a high salary; evidence that the alien’s work has been displayed at artistic exhibitions/shows; and evidence that others in his/her field have recognized him/her as outstanding.
3. A copy of your resume and any other supporting documents to demonstrate that you meet one or more of the criteria listed above.
8. What are the benefits of an EB-1A Green Card?
The benefits of an EB-1A Green Card include:
• Permanent residency in the United States
• No labor certification required
• Priority processing of immigration applications
• Work and travel authorization
• Pathway to becoming a United States citizen
• Access to federal benefits such as Social Security, Medicare, and Medicaid
9. How can I prove that I have extraordinary abilities?
There is no definitive way to prove that you have extraordinary abilities, as such abilities are not officially recognized by any authority. However, if you have evidence that suggests you have such abilities, it may be helpful to keep a record of your experiences and consult with experts in the field. Additionally, if you are able to demonstrate your abilities in a public setting, such as a stage show or through video recordings, this can provide more evidence that you have extraordinary abilities.
10. Is there a limit on the number of people who can obtain an EB-1A Green Card each year?
Yes, there is a limit on the number of people who can obtain an EB-1A Green Card each year. The annual limit is set at 40,000 per fiscal year.
11. Is there a difference between an EB-1A and an EB-1B Green Card?
Yes, there is a difference between an EB-1A and an EB-1B Green Card. An EB-1A Green Card is for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics, or are outstanding professors or researchers. An EB-1B Green Card is for multinational executives or managers who have been employed for at least one year in the three years prior to admission to the United States in a managerial or executive capacity by the same employer, or its affiliate or subsidiary.
12. Does the EB-1A Green Card require that I have a job in the U.S.?
No. The EB-1A Green Card does not require that you have a job in the U.S. However, you will need to demonstrate that you possess extraordinary ability in the arts, sciences, business, education or athletics and provide evidence of sustained international acclaim and recognition for your achievements.
13. Can my family members be included in my application for an EB-1A green card?
No. Your application for an EB-1A green card must be filed separately from any applications your family members may have.
14. Are there any exemptions to the English language requirement for an EB-1A Green Card?
Yes, there are exemptions to the English language requirement for an EB-1A Green Card. EB-1A Green Card applicants may be exempted from the English language requirement if they can present evidence of their extraordinary ability or demonstrate that their work requires a specific foreign language.
15. Are there any restrictions on employment for holders of an EB-1A Green Card?
No, there are no restrictions on employment for holders of an EB-1A Green Card. Holders may be employed by any employer in the United States in any lawful occupation.
16. Are spouses of holders of an EB-1A Green Card eligible for employment authorization in the U.S.?
Yes, spouses of EB-1A Green Card holders are eligible for employment authorization in the U.S. They may apply for an Employment Authorization Document (EAD) with the U.S. Citizenship and Immigration Services (USCIS).
17. Can I travel outside the United States while my application for an EB-1A green card is pending?
Yes, you are allowed to travel outside the United States while your application for an EB-1A green card is pending. However, you must have a valid travel document such as an advance parole document or a reentry permit in order to be able to return to the US.
18. Do I need to renew my EB-1A green card after a certain period of time?
No, you do not need to renew your EB-1A green card. According to the U.S. Citizenship and Immigration Services (USCIS), an EB-1A green card is valid for 10 years. If you are a lawful permanent resident, you should apply to renew or replace your green card before it expires.
19. Are applicants for an EB-1A Green Card required to prove financial support in the United States?
No, applicants for an EB-1A Green Card are not required to prove financial support in the United States. However, all applicants will need to show that they are able to support themselves financially during their stay in the United States.
20. How long can I stay in the United States with an EB-1A Green Card?
With an EB-1A Green Card, you can stay in the United States indefinitely. You may apply for U.S. citizenship after five years of residence in the United States as a lawful permanent resident.