Corporations / Employees
EB-1A Aliens with Extraordinary Qualities
The Employment-Based (EB) Visa system is based on statutes that establish a set number of available slots for immigrants providing needed skills in certain industries. The EB-1A is a classification in this system, referring to candidates possessing superior and extraordinary abilities in the fields of science, art and education.
EligibilityAccording to USCIS, EB1A petitioners have to demonstrate that they have received a major, internationally recognized award (such as a Nobel Prize or an Academy Award), or that can demonstrate at least three of the following criteria:
Receipt of lesser national or international prizes or awards for excellence in their field of endeavor
Membership in associations in the field of endeavor that require outstanding achievements of their members
Published material about the alien and his work in professional journals, trade publications, or the major media
Participation, either in a group or alone, as a judge of others in the same or a similar field Original scientific, scholarly, or artistic contributions of major significance in the field of endeavor
Authorship of scholarly articles in the field, published in professional journals or the major media
Display of the alien’s work at artistic exhibitions or showcases in more than one country Evidence of performance of a leading contribution in organizations of merit
Commanding a high salary compared to others in the field
Commercial success in the performing arts, as shown by box office receipts and sales
In simpler terms, you should be able to prove to the US government that you are among the best in your field and your work provides substantial value to the United States as a country.
The Appeal of an EB-1A ClassificationEB1A is usually one of the most sought-after categories for visas for multiple reasons:
Self-Petitioned: EB1A is a self-petitioned petition. This means, you don’t need any sponsoring petitioner or employer for your application. You can file it for yourself, when you are ready to file. You can free to join any employer at any stage of the petition. If you are already employed, you must be commanding a salary higher than or equal to your competitors.
No PERM Labor Certification:EB1A application doesn’t need to go through the PERM Labor Certification Process by the Department of Labor which in itself is a quite complicated, expensive and time-consuming process.
Option to do Premium Processing: USCIS has given EB1A filers to Request for Premium Processing. This makes sure that you can get either get an approval or at least an RFE within 15 calendar days of filling the request. Visa categories that are ineligible for Premium Processing take over 4-8 months to be adjudicated.
How long is the whole process?The US immigration system is known for being extremely time-consuming, with certain categories of immigrants from certain countries forced to wait for decades. The EB1A category of visa is one of the fastest ways to get an immigrant visa in the United States with an average processing time of 15 calendar days (with Premium Processing Request). The first step in securing this classification is either filing for an Adjustment of Status (I 485) if you are already in the United States or applying for an immigrant visa with the Embassy/ Consulate in your home country (which can take somewhere between 4-8 months). Our attorneys and their team will assist you throughout the process and help you prepare for your final interview and providing support until the time you get your Green Card.
Porting EB2/ EB3 priority date to EB1AUSCIS allows applicants with priority dates in other visa categories to port their old priority dates. In simpler words, if you had an approved I-140 petition under an EB2/EB3 category in the past, but now qualify under EB-1A, you can retain your old priority date and file an updated Adjustment of Status. Usually, the visa availability under EB1 category remains “Current” which means you are allowed to file an adjustment of Status as soon as your I-140 petition is approved; citizens of certain countries may be required to wait for a period of time (often called visa retrogression).
If you qualify under the EB-1A classification, or if you have an approved I-140 petition under a different category and wish to port that to an EB-1A petition, please contact us so we can assess your circumstances and advise as to how best proceed.
Can I apply for EB1A from outside the United States?The simple answer is yes, you can apply for EB-1A status from outside the United States. As the EB-1A is a self-petitioned petition and you don’t need to go through the PERM process with sponsoring employer. Hiring an immigration attorney with experience in the specialized EB-1A process can help ensure that your petition is backed up with strong and relevant evidence. Once your I-140 is approved, you can apply for an immigrant visa with your local US embassy/ consulate. Once the entire process has been completed, the United States Embassy/ Consulate will issue immigrant visas to the petitioner along with their dependent family.
Contact Rijal Law firm today to get your profile assessed and take the first step towards Immigrating to the United States of America.
EB1A RFEEB-1A RFE’s (Request for Evidence) can be quite intimidating especially if you filed the petition yourself. It is essential to provide adequate and specific evidence as requested by the USCIS officer. Even if you have filed the petition yourself, you can contact our firm for preparing a Response to your RFE. A small error on your part – such as a failure to submit the response to RFE within due time, or sending a partial response – can lead to an outright denial of your application. Our attorneys are well qualified in supplementing your original application with stronger evidence and securing an approval.
EB1A process through Rijal Law FirmThe criteria laid down by USCIS for EB-1A can appear intimidating at first, but it can be approached with careful planning and collection of evidence. The key to a successful EB-1A application is to prove how well you can define your field of specialization, and the degree to which you have excelled in that field. This means that a baseball coach, for example, who trains players in a particular skill has just as much of a chance of getting an EB-1A approval as the coach of the most reputed Baseball Team in the world, provided everything is planned for thoroughly. This also means that your chances of getting a successful EB-1A approval ca. depend upon how your attorney presents your case and argues your credentials to the USCIS.
An experienced immigration attorney knows what exactly USCIS is looking for in an EB-1A application and will make sure that your petition adheres to that strict criteria provided. Attorney Saurab Rijal not only works with you throughout your application but also guides you in getting recommendation letters and related evidence. He leaves no stone unturned in reflecting your true background and achievement in your field.
Contact Rijal Law Firm today to receive an EB-1A assessment for your profile