Green Card Options for Individuals with Extraordinary Ability

1. What are the eligibility requirements for a green card based on extraordinary ability?


To be eligible for a green card based on extraordinary ability, you must demonstrate extraordinary ability in the sciences, arts, business, or athletics through sustained national or international acclaim. Generally, you must provide evidence of a one-time achievement (such as a major, internationally recognized award) or at least three of the following:

1. Evidence of receipt of lesser recognized nationally or internationally recognized prizes or awards for excellence
2. Evidence of your membership in associations in the field which demand outstanding achievement of their members
3. Published material about you in professional or major trade publications or other major media
4. Evidence that you have been asked to judge the work of others, either individually or on a panel
5. Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
6. Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
7. Evidence that your work has been displayed at artistic exhibitions or showcases
8. Evidence of your performance of a leading or critical role in distinguished organizations
9. Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
10. Evidence of your commercial successes in the performing arts

2. Is it necessary to have an employer sponsor in order to apply for a green card based on extraordinary ability?


No, it is not necessary to have an employer sponsor in order to apply for a green card based on extraordinary ability. An individual can self-petition for a green card based on extraordinary ability without the help of an employer. However, employers can also sponsor individuals for green cards based on extraordinary ability.

3. Can I apply for a green card based on extraordinary ability if I am located outside of the United States?


No, you cannot apply for a green card based on extraordinary ability if you are located outside the United States. To apply for a green card based on extraordinary ability, you must be physically present in the United States.

4. How long does it take to get a green card based on extraordinary ability?


The processing time for a green card based on extraordinary ability can vary depending on the individual case and the backlog of cases in the visa category. However, with an approved I-140 petition, the processing time for a green card is typically between 1-3 months.

5. What are the financial requirements for a green card based on extraordinary ability?


To be eligible for a green card based on extraordinary ability, you must have either received a major, internationally recognized award, such as a Nobel Prize or Oscar, or you must be able to demonstrate that your achievements have had a major impact on your field. You must also be able to demonstrate that you will substantially benefit the United States through your future work. Additionally, you must have the financial means to support yourself and any accompanying dependents without needing to rely on public benefits.

6. Is there an age limit when applying for a green card based on extraordinary ability?


No, there is no specific age limit when applying for a green card based on extraordinary ability. However, applicants must be able to prove that they have sustained national or international acclaim and are recognized for their achievements in their field.

7. Do I need to have a job offer in order to qualify for a green card based on extraordinary ability?


No, you do not need to have a job offer in order to qualify for a green card based on extraordinary ability. However, you must demonstrate that your extraordinary ability will substantially benefit the U.S. economy, cultural, or educational interests.

8. How do I prove that I have extraordinary ability in order to qualify for a green card?


In order to prove extraordinary ability, you will need to provide evidence of sustained national or international acclaim and recognition in your field. This can include evidence of awards, prizes, media coverage, publications, membership in professional associations, and other recognition of your contributions within your field. You will also need to provide at least three letters from experts in your field attesting to your extraordinary ability.

9. Is there an application fee for applying for a green card based on extraordinary ability?


No, there is no application fee for applying for a green card based on extraordinary ability.

10. Are there any special benefits provided to individuals with exceptional abilities who obtain a green card?


No, there are no special benefits provided to individuals with exceptional abilities who obtain a green card.

11. Are certain nationalities more likely to be approved for a green card based on extraordinary ability than others?


No. All applicants must meet the same criteria regardless of their nationality for a green card based on extraordinary ability. However, certain countries may have more applicants who can meet the criteria.

12. Can I travel outside of the United States while my application for a green card based on extraordinary ability is pending?


It is possible to travel abroad while a green card application based on extraordinary ability is pending, but you must obtain permission from the U.S. Citizenship and Immigration Services (USCIS) to travel before leaving the United States. You should speak to an immigration lawyer to determine if it is possible for you to obtain permission to travel.

13. What is the best way to prepare my application for a green card based on extraordinary ability?


The best way to prepare your application for a green card based on extraordinary ability is to make sure that you provide as much evidence as possible to document your exceptional achievements. This would include any relevant work experience, awards, diplomas, certificates of recognition, quotes from leading experts in the field, and proof of any publications or reports you have authored. You should also make sure to include a detailed explanation of the specific area in which you have achieved exceptional success and why your achievements merit granting you a green card.

14. Does having an advanced degree improve my chances of obtaining a green card based on extraordinary ability?


Having an advanced degree can potentially improve an applicant’s chances of obtaining a green card based on extraordinary ability. However, U.S. Citizenship and Immigration Services will consider a variety of factors when evaluating the applicant’s eligibility for an EB-1A green card, such as evidence of international recognition, awards, or accomplishments in the field. Having an advanced degree is just one factor that the agency will consider.

15. How often is the application review process for a green card based on extraordinary ability completed?


The application review process for a green card based on extraordinary ability is typically completed within six months.

16. Are there any special considerations made for applicants with exceptional abilities who do not meet all of the standard requirements for a green card?


Yes. The U.S. Citizenship and Immigration Services (USCIS) offers a program for individuals with exceptional abilities in the sciences, arts, education, business or athletics. These individuals can apply for lawful permanent residence (a green card) without having to meet certain other requirements, such as having a job offer from a U.S. employer.

17. What type of evidence must I submit to prove my extraordinary ability when applying for a green card?


You must provide evidence of sustained national or international acclaim and recognition in your field. This includes evidence such as major awards, published material about you in the professional or major trade publication, evidence of your participation in a prior panel judging the work of others, evidence of your original contributions or authorship of scholarly articles in the field, evidence of your high salary or command of a high wage in comparison to others in the field, and/or evidence that you have performed work at an acclaimed level for organizations with a distinguished reputation.

18. Are there any restrictions that are associated with having a green card based on extraordinary ability?


Yes, there are restrictions associated with having a green card based on extraordinary ability. Those who are admitted under an EB-1A visa must demonstrate that their presence in the U.S. is in the national interest. Additionally, green card holders with extraordinary ability may be subject to certain requirements such as obtaining a labor certification before beginning employment in the U.S. or obtaining a waiver of certain restrictions.

19. Is it possible to be issued a temporary work permit while my application for a green card based on extraordinary ability is being processed?


Yes, it is possible to be issued a temporary work permit while your application for a green card based on extraordinary ability is being processed. However, it is important to note that the approval of your work permit does not guarantee the approval of your green card application. Additionally, the exact process for obtaining the temporary work permit may vary depending on the specifics of your application.

20. Are there any risks associated with applying for a green card based on extraordinary ability?


Yes. There are risks associated with applying for a green card based on extraordinary ability, including denial of the application, revocation of the green card, and potential criminal penalties for making false statements or misrepresentations on the application. Additionally, applicants are typically required to undergo a comprehensive background check and must provide detailed evidence of their qualifications and achievements in order to be successful.