EB-1A Visa

If you possess exceptional talent in the fields of sciences, arts, education, business, or athletics, you might be a perfect candidate for the EB-1A Green Card, which can lead to tremendous opportunities in the United States. At Oguz Law, we specialize in providing comprehensive guidance to individuals worldwide with extraordinary abilities in their respective fields, helping them through every stage of their EB-1A visa application. Let our article help you navigate through the complexities of the process and unlock the doors to exciting opportunities that await you in the U.S.

What is the EB-1A Visa?

The EB-1A visa is a category within the Employment-Based Immigration Program that offers foreign nationals with extraordinary ability an opportunity to obtain a green card in the United States. This highly sought-after visa category is designed for individuals who have achieved exceptional accomplishments in their respective fields, including sciences, arts, education, business, or athletics.

Who Qualifies for the EB-1A Visa?

To qualify for the EB-1A visa, individuals must meet specific criteria demonstrating extraordinary ability in their field. The following factors are considered:

Sustained International Acclaim

Applicants must provide evidence of sustained international or national acclaim in their field of expertise, recognized through international awards (e.g. Nobel Prize, Grammy, Oscar, Golden Globe, Emmy), prizes, or other significant achievements.

Demonstrated Expertise

Applicants should showcase their expertise through publications, scholarly articles, media recognition, or professional memberships that highlight their contributions to their field.

Influential Role

Individuals must demonstrate that they have played a significant role in their field, as evidenced by critical reviews, invitations to judge others’ work, or requests to speak at conferences or industry events.

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    How Does the Application Process Work?

    The EB-1A Green Card application process involves a strategic six-step journey tailored for individuals with exceptional abilities in science, arts, education, business, or sports.

    Step 1: Preliminary Consultation and Eligibility Assessment

    During this phase, your eligibility for the EB-1A Green Card will be assessed, considering factors like major awards, memberships, published materials, and all other criteria based on USCIS Policy.

    Step 2: Comprehensive Criteria Evaluation

    We will then go over detailed criteria for the EB-1A Green Card, aiming to meet at least three out of the ten specified criteria, which may include awards, memberships, published materials, original contributions, media coverage, exhibitions, elite employment, high-income, and commercial success.

    Step 3: Document Compilation and Initial Assessment

    Our legal experts will work closely with you and compile a comprehensive set of documents showcasing your achievements. This step ensures that your application aligns with EB-1A criteria and sets a strong foundation for the process.

    Step 4: Premium Processing Option and Employer Support

    You will have the option to explore “Premium Processing” for an expedited response. Additionally, you can consider employer sponsorship, which, while optional, can enhance your application. If you have a permanent job offer, your employer can provide support through a letter and submission of the I-140 form.

    Step 5: USCIS Approval and I-485 Filing

    Then you will proceed to the USCIS approval stage and, upon success, initiate the I-485 filing. This step signifies your intention to reside in the United States permanently.

    Step 6: Consular Interview, Adjustment of Status, and Ongoing Support

    Lastly, if required, you will attend a consular interview where the details of your training program and submitted documents undergo thorough review. Following USCIS approval, initiate the adjustment of status process to become a permanent resident. Throughout the process, rely on ongoing support and guidance from Oguz Law’s legal professionals for a seamless and successful EB-1A Green Card journey.

    For tailored assistance and further inquiries, individuals can contact our immigration experts through dedicated communication channels. Best of luck on your EB-1A Green Card application adventure with Oguz Law!

    What Are the Benefits of the EB-1A Visa?

    The EB-1A visa offers several advantages to individuals seeking permanent residency in the United States:

    a. Priority Dates

    The EB-1A category does not have a backlog, providing faster processing times compared to other employment-based visa categories.

    b. Self-Petitioning

    Unlike many other employment-based visas, the EB-1A allows individuals to file their petitions without the need for a sponsoring employer. This gives applicants greater control and flexibility over their immigration process.

    c. Expedited Green Card Process

    Successful EB-1A applicants can obtain a green card directly, bypassing the often-lengthy process of obtaining a temporary work visa and later transitioning to permanent residency.

    What Are the Required Application Documents?

    When applying for the EB-1A visa, applicants must submit a comprehensive set of documents to support their extraordinary ability claims. The following documents are commonly required:

    Evidence of Awards and Achievements

    Copies of major awards, prizes, or other significant recognition received in the field.

    Published Material

    Copies of articles, books, or other published materials that showcase the applicant’s work or contributions.

    Evidence of Original Contributions

    Documentation demonstrating the applicant’s original contributions of major significance in their field.

    Evidence of Membership

    Proof of membership in professional associations or organizations relevant to the field.

    Letters of Recommendation

    Letters from experts in the field attesting to the applicant’s extraordinary ability and contributions.

    Media Coverage

    Copies of articles, interviews, or other media coverage featuring the applicant and their work.

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    Frequently Asked Questions

    Yes, the EB-1A visa allows individuals to self-petition without the need for a sponsoring employer.

    Yes, applicants can choose to expedite the processing of their petition by utilizing the USCIS Premium Processing Service for an additional fee.
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