1. What is the definition of an EB-1A Extraordinary Ability alien according to U.S. immigration law?
An EB-1A Extraordinary Ability alien is defined under U.S. immigration law as an individual who has “extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation.” To qualify as an EB-1A, the individual must demonstrate that they have “sustained national or international acclaim and that their achievements have been recognized in their field of expertise.”
2. What criteria must be met to qualify for EB-1A Extraordinary Ability?
In order to qualify for EB-1A Extraordinary Ability, the foreign national must demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. This is evidenced by sustained national or international acclaim and achievement in a field of endeavor, as demonstrated by at least three of the following criteria:
1. Receipt of lesser nationally or internationally recognized prizes or awards for excellence
2. Membership in associations in the field which require outstanding achievements of their members
3. Published material in professional or major trade publications or other major media about the individual’s work in the field
4. Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
5. Authorship of scholarly articles in professional or major trade publications or other major media
6. Display of the individual’s work in the field at artistic exhibitions or showcases
7. Performance of a leading or critical role for organizations that have a distinguished reputation
8. Commanding a high salary or other remuneration for services compared to others in the field
9. Commercial successes in the performing arts
10. Evidence of high salary or remuneration commanded for services as evidenced by contracts or other reliable evidence
3. How can I demonstrate that I have achieved extraordinary ability?
You can demonstrate that you have achieved extraordinary ability by providing evidence of a sustained record of significant accomplishments in your field. This could include awards and other recognition for your achievements, membership in professional organizations, published books or articles, and letters of reference from experts in the field. Additionally, you may want to provide evidence of a high salary or other financial gains related to your work as further proof of your extraordinary ability.
4. What type of evidence must be submitted when applying for an EB-1A visa?
When applying for an EB-1A visa, applicants must submit evidence demonstrating their extraordinary ability in their field, such as evidence of receipt of a major internationally recognized award or membership in a prestigious organization. Other types of evidence could include media coverage, reviews of work, and letters from experts attesting to their ability.
5. Are there any alternative immigrant visa categories that I can use if I cannot meet the qualifications for an EB-1A visa?
Yes, there are several other immigrant visa categories that may be available to you depending on your qualifications. These categories include the EB-2 Visa (Employment-Based Second Preference), the EB-3 Visa (Employment-Based Third Preference), the EB-4 Visa (Employment-Based Fourth Preference), the EB-5 Visa (Investor/Entrepreneur), the O-1 Visa (Extraordinary Ability), and the L-1 Visa (Intracompany Transferee). You can learn more about each of these visa categories and their requirements on the U.S. Citizenship and Immigration Services website.
6. What is the process for applying for an EB-1A visa?
The process for applying for an EB-1A visa is as follows:
1. The petitioner must submit Form I-140, Immigrant Petition for Alien Worker, providing evidence of the foreign national’s extraordinary ability in the sciences, arts, education, business, or athletics.
2. The petitioner must submit the supporting documentation required by the U.S. Citizenship and Immigration Services (USCIS) to prove the foreign national’s extraordinary ability in their field.
3. Once approved, the foreign national must apply for an immigrant visa at a U.S. consulate abroad or for adjustment of status if they are already in the United States.
4. When the foreign national arrives in the United States, they may apply for a green card after their immigrant visa has been approved by USCIS.
7. Is there a minimum period of time required to stay in the United States after qualifying for an EB-1A visa?
No, there is no minimum period of time required to stay in the United States after qualifying for an EB-1A visa. The foreign national may remain in the U.S. for as long as they wish, so long as their visa remains valid and they remain in lawful status.
8. What are the advantages of having an EB-1A Extraordinary Ability visa?
The EB-1A Extraordinary Ability Visa has the following advantages:
1. This visa category does not require an offer of employment in the United States, and the applicant can self-petition for the visa.
2. The process of applying for an EB-1A is simpler compared to other visas, as it only requires the applicant to fill out form I-140 and submit evidence of extraordinary ability.
3. There is an unlimited number of visas available for this category, so the chances of being granted a visa are high.
4. The EB-1A visa holder can apply for a green card and become a lawful permanent resident without having to go through the labor certification process.
5. The visa holder does not need to maintain ties to his or her home country, and can travel freely in and out of the US without having to worry about maintaining any residency requirements.
6. The visa holder is allowed to work and live in the US indefinitely, allowing them to build a life in the US.
9. Are there any restrictions on the types of activities allowed by an EB-1A visa holder?
There are restrictions to the types of activities an EB-1A visa holder can engage in. The visa holder must be considered a person of “extraordinary ability” in a certain field (e.g., arts, sciences, business, athletics, or education). The visa holder must also be employed in a capacity that requires such abilities. Additionally, the visa holder cannot be a self-employed individual or an independent contractor.
10. What are the risks associated with applying for an EB-1A visa?
Some of the risks associated with applying for an EB-1A visa include:
1) The possibility of a lengthy processing time that can take up to one year to process.
2) The risk of a denial due to not meeting all of the eligibility requirements, such as the requirement of exceptional ability in one’s field.
3) The risk of fraud or misrepresentation if the applicant does not accurately and truthfully represent their qualifications and experiences.
4) The uncertainty of the outcome due to the fact that USCIS has complete discretion in deciding whether or not to approve an application.
5) The risk of not being able to remain in the United States if the application is denied since there is no appeal process available for EB-1A visa applications.
11. How long does it take to process an EB-1A application?
The processing time for an EB-1A application varies widely and is dependent upon a number of factors, such as the amount of evidence the applicant submits, the complexity of the case, and the workload of the USCIS center processing the application. Generally speaking, processing times range from 6 months to 2 years.
12. Can I bring my family with me to the United States if I qualify for an EB-1A visa?
Yes, you can bring your family with you to the United States on an EB-1A visa. Your family members (spouse and unmarried children under 21) can receive derivative immigrant visas so that they can stay in the U.S. with you.
13. Can I obtain a green card through the EB-1A Extraordinary Ability program?
Yes, you can obtain a green card through the EB-1A Extraordinary Ability program. This visa allows foreign citizens with extraordinary ability in the sciences, arts, education, business or athletics to apply for permanent residency in the United States. To qualify, applicants must demonstrate sustained national or international acclaim and recognition in their field of expertise.
14. Is there a cap on the number of people who can apply for an EB-1A visa each year?
No, there is no cap on the number of people who can apply for an EB-1A visa each year.
15. Can I extend my stay in the United States after my original period of admission expires if I have an EB-1A visa?
Yes, you can extend your stay in the United States beyond the period of admission granted to you with an EB-1A visa. However, you must submit an application to the U.S. Citizenship and Immigration Services (USCIS) for an extension of stay before your current visa expires. To do this, you must file Form I-539, Application to Extend/Change Nonimmigrant Status.
16. Are there any special requirements for EB-1A holders when traveling outside of the United States?
Yes. An EB-1A holder needs to carry their green card and a valid passport to reenter the United States. The green card must have been issued within the last 10 years. As with all travelers, the individual must also have any required visas for any countries they plan to visit.
17. Can I apply for U.S. citizenship after obtaining an EB-1A visa?
Yes, you can apply for U.S. citizenship after obtaining an EB-1A visa. An EB-1A visa is considered a first preference employment-based visa and is a “priority worker” visa, meaning that it provides a direct path to permanent resident status or U.S. citizenship. To apply for U.S. citizenship, you must meet certain eligibility requirements, such as having a green card for at least five years (or three years if you are married to a U.S. citizen). You must also demonstrate good moral character, pass an English and civics test, and have a basic understanding of U.S. history and government.
18. Are there any restrictions on employment when holding an EB-1A visa?
No, there are no restrictions on employment when holding an EB-1A visa. However, the visa holder must continue to meet the requirements of the EB-1A visa in order to maintain the status. This includes continuing to meet the criteria for “extraordinary ability” and having a job in their field of expertise.
19. Is it possible to get a job offer before applying for an EB-1A visa?
Yes, it is possible to get a job offer before applying for an EB-1A visa. A job offer is necessary in order to qualify for an EB-1A visa. The employer must file a Form I-140 petition on behalf of the applicant. Once the petition is approved, the applicant can then apply for an EB-1A visa.
20. Are there any restrictions on work hours or salaries for people with an EB-1A visa?
Yes. Employers must pay salaries that are at or above the prevailing wage for that position in the geographic area of employment. Work hours are usually limited to 40 hours per week, but employers may require up to 60 hours per week in certain circumstances with the approval of the Department of Labor.