U.S. Work Visa for Individuals with Extraordinary Ability (EB-1A)

1. What is the EB-1A classification?


The EB-1A classification is the “Employment-Based, First Preference” category for permanent residency in the United States. It is reserved for individuals of extraordinary ability in the sciences, arts, education, business, or athletics.

2. Who is eligible for EB-1A visa—extraordinary ability?


The EB-1A visa is available to individuals who demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. To qualify, the applicant must have a one-time achievement such as a major international award or be able to demonstrate at least three of ten criteria in their field. The criteria include documentation of a high salary relative to others in the field, membership in an organization that requires outstanding achievement of its members, published material written by the applicant in their field, original scientific or artistic contributions of major significance and judging the work of others in the same field.

3. How is extraordinary ability in the sciences, arts, education, business or athletics defined?


Extraordinary ability in the sciences, arts, education, business, or athletics is defined as the person’s “sustained national or international acclaim and recognition for achievements in the field of endeavor”. A person must demonstrate “a level of expertise indicating that the person is one of that small percentage who has risen to the very top of the field of endeavor.”

4. What evidence or documentation must be submitted to USCIS to prove eligibility for the EB-1A?


In order to prove eligibility for the EB-1A, the applicant must submit evidence or documentation demonstrating that they have extraordinary ability in their field. This could include evidence of any awards, reviews, or other recognition that demonstrates the applicant’s exceptional level of achievement. Additionally, the applicant should provide any peer-reviewed articles or other scholarly publications that reference their work. The applicant should also submit evidence of their membership in an organization related to their field that requires outstanding achievement for admission. Finally, the applicant should provide evidence that they have achieved a high salary or other remuneration for services in relation to their profession.

5. How many years of experience must an individual have to qualify for the EB-1A visa?


There is no specific amount of experience required to qualify for an EB-1A visa. The key is showing that the individual has achieved sustained national or international acclaim and recognition. To demonstrate this, individuals must provide documentation of their extraordinary ability, such as awards, published material, and/or other evidence of their achievement.

6. Does having a U.S. degree qualify for an EB-1A visa?


No, having a U.S. degree does not automatically qualify for an EB-1A visa. In order to qualify for the EB-1A visa, the applicant must demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Supporting documentation such as evidence of receipt of a major internationally recognized award or evidence of at least three of the listed criteria (as outlined in the USCIS website) must be provided to prove extraordinary ability.

7. What are the benefits of having an EB-1A visa?


The benefits of having an EB-1A visa include:

1. The ability to remain and work in the United States on a permanent basis without sponsorship by an employer.

2. Immediate eligibility for lawful permanent residence (green card) once the petition is approved.

3. Potential to bring your spouse and unmarried children under 21 years old to the United States.

4. An expedited path to U.S. citizenship after five years of permanent residence.

5. Access to certain public benefits such as Social Security, Medicaid, and Medicare.

8. How long is an EB-1A visa valid for?


The EB-1A visa is a permanent residency visa, so it does not have a set expiration date. The visa will be valid as long as the holder maintains their permanent residency status in the United States.

9. What is the application process for an EB-1A visa?


The application process for an EB-1A visa involves filing Form I-140, Immigrant Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS). Along with this, the applicant must also provide documentation to show that they meet the necessary criteria for the category. This may include evidence of extraordinary ability in either the sciences, arts, education, business or athletics; proof of sustained national or international acclaim; and evidence of recognition for achievements in the field. Additional documents may include copies of diplomas, awards, published materials and testimonies from experts in the field. After the Form I-140 is approved, the applicant will be able to apply for their green card.

10. Do I need a job offer in order to apply for an EB-1A visa?


No. An EB-1A visa does not require an offer of employment to apply. However, it does require evidence that the applicant has an extraordinary ability in science, art, education, business or athletics. This evidence can include awards, press coverage, letters of recommendation, etc. Successful applicants must also demonstrate that they will continue to work in their field of extraordinary ability in the U.S.

11. Does an individual have to be physically present in the United States to apply for an EB-1A visa?


No, an individual does not have to be physically present in the United States to apply for an EB-1A visa. Applicants for the EB-1A visa may apply from their home country or any other country in which they are legally present.

12. Is there a limitation on the number of EB-1A visas issued each year?


Yes, there is a numerical limitation on the number of EB-1A visas issued each year. Only 40,000 visas are allotted each year, with visas split between the three subcategories of the Employment-Based First Preference (EB-1) visa—EB-1A (aliens of extraordinary ability), EB-1B (outstanding researchers and professors), and EB-1C (multinational executives and managers).

13. Is it possible to switch from a different temporary visa and apply for theEB-1A classification?


Yes, it is possible to switch from a different temporary visa and apply for the EB-1A classification. However, applicants must first meet the requirements for EB-1A classification before they can apply for the visa. To be eligible for EB-1A classification, the applicant must demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.

14. Is it possible to apply for an extension of an EB 1A visa if my work has not been completed?


Yes, it is possible to apply for an extension of an EB 1A visa if the work has not been completed. To do so, you would need to file Form I-129, Petition for Nonimmigrant Worker, with the United States Citizenship and Immigration Services. Additionally, you will need to provide evidence that you are still actively working on the project and have made significant progress towards its completion.

15. Are there any restrictions on where I can work with an EB-1A visa?


No. An EB-1A visa allows the holder to work anywhere in the United States.

16. Are dependents allowed to enter the US on an EB-1A visa?


Yes, dependents are allowed to enter the US on an EB-1A visa. Dependents of the principal applicant, such as a spouse and any unmarried children under 21 years of age, may be granted derivative EB-1A classification and receive admission to the US along with the principal applicant.

17. What are the filing fees associated with applying for an EB-1A visa?


The filing fee for an EB-1A visa is $700 for the I-140 form and $1,225 for the I-485 form.

18. Are there any additional fees associated with applying for and maintaining an EB-1A visa?


Yes, there are additional fees associated with applying for and maintaining an EB-1A visa. These fees include: filing fees; biometrics fees; premium processing fees; attorney fees; government filing fees; and any additional costs associated with supporting documents, such as translation or authentication fees.

19. Are there any additional forms that must be completed as part of the application process for an EB 1A visa?


Yes, in addition to Form I-140, applicants for an EB 1A visa must also submit a completed Form I-485 for themselves and any accompanying family members. Additionally, applicants must also submit supporting documentation such as proof of their extraordinary ability or achievement, evidence of employment offers, and other related evidence.

20. Does having an approved petition guarantee that I will receive an EB 1A visa?


No, having an approved petition does not guarantee that you will receive an EB 1A visa. The petition is only the first step in the process and you must still meet all of the eligibility requirements for the visa. Additionally, you must also go through the consular processing interview and be approved for a visa before you are able to receive it.