How to Qualify for EB1A Extraordinary Ability Green Card
The EB-1A green card, known as the EB1A “Extraordinary Ability Green Card” is for an alien of extraordinary ability, is a subcategory of the EB-1 employment-based green card. EB-1A applies to a small percentage of foreign nationals who have risen to the very top of their field of endeavor with sustained national or international acclaim.
There are many advantages of the EB1A green card over other employment based immigration visas, including a self-petition application process, the ability to skip the perm labor certification process, and unlimited quota.
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The individual must have extraordinary ability and be at the top of their fields in either the sciences, arts, education, business, or athletics. He or she must also demonstrate how their knowledge and/or skill would benefit the United States. In order to apply for an EB-1 green card, the applicant must meet a set of specific requirements, including the ability to prove extraordinary ability in their respective field with documented evidence, showing their intent continuing work in that field that is a subject of the sustained national or international acclaim. Many of the requirements are similar to the requirements for an O-1 visa, which is why many O-1 visa holders go on to apply for the EB-1A over other immigrant visa options.
EB1A Extraordinary Ability Criteria
Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
Evidence of your membership in associations in the field which demand outstanding achievement of their members
Evidence of published material about you in professional or major trade publications or other major media
Evidence that you have been asked to judge the work of others, either individually or on a panel
Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
Evidence that your work has been displayed at artistic exhibitions or showcases
Evidence of your performance of a leading or critical role in distinguished organizations
Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
Evidence of your commercial successes in the performing arts
National or International Award
If the foreign national has received a major internationally recognized award, such as the Nobel Prize or the Academy Award, for example, this will immediately qualify the candidate as being at the top of their field and will qualify them for EB1 green card.
Absent such an award, the applicant must demonstrate extraordinary ability and provide evidence of at least three of the following criteria:
Demonstrate International Recognition
The applicant has received lesser nationally or internationally recognized prizes or awards demonstrating international acclaim for excellence in their field of endeavor.
Membership in Associations
Documentation of the applicant’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members as judged by recognized national or international experts in their disciplines or fields.
Media and Press Evidence
Published material about the foreign person or his or her work in professional, trade journals, or major media publications. (These items must include title, date, author, and must be translated into English);
Judge the work of others
Evidence of having been invited to judge the work of others, whether as an individual or part of an expert panel. Evidence of original scientific, scholarly, or business-related contributions of major significance to the field.
Original Contribution
Evidence of the applicant’s original scientific, scholarly, artistic, athletic, or business-related contributions, including professional publications written by the applicant.
Scholarly Publications
Evidence of the applicant's authorship of scholarly articles or other scholarly research contributions in their particular academic field.
Exhibitions
Evidence of the display of the applicant’s work at artistic exhibitions, showcases, or other major media outlets.
Leading or Critical Role
Evidence that the applicant has performed in a leading or critical role for organizations that have a distinguished reputation.
High Salary
Evidence that the applicant has received a high salary or other significantly high remuneration in relation to others in their field; or
Commercial Success in Performing Art
Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.
Secondary Evidence
If one of these categories does not apply to their field, the applicant may submit other comparable evidence to demonstrate their eligibility.
As mentioned above, the applicant must also show that they intend to continue working in their field in the United States. The applicant can show this by submitting comparable evidence such as:
The Final Requirement
Finally, to get an EB1A visa is that the applicant must show that their entry to the United States will substantially benefit the United States. Generally, there is an assumption that if the applicant will be working in the United States in their field of extraordinary ability, then they will be substantially benefiting the United States, so an applicant usually does not have to submit evidence other than a written statement.
You want to have an immigration attorney that is familiar with the requirements for how to demonstrate outstanding achievement. Evidence of kind can be challenging and we recommended you hire immigration attorneys that specialize in this category of immigration law like the lawyers at Xu Law Group.
Green Card Process for EB1A
As a result of Kazarian v. USCIS, USCIS outlined a two-part adjudicative approach to evaluating evidence submitted in connection with EB-1A petitions:
1. Evidentiary threshold - determine whether the petitioner or self-petitioner has submitted the required evidence that meets the parameters for each type of evidence listed at 8 CFR 204.5(h)(3); and
2. Final merits determination - determine whether the evidence submitted is sufficient to demonstrate that the beneficiary or self-petitioner meets the required high level of expertise for the extraordinary ability immigrant classification during a final merits determination.
At the evidentiary stage, USCIS checks that the submitted evidence satisfies at least 3 of the 10 criteria listed above. If it does not, the application will be denied. During the merits stage, USCIS determines whether the evidence submitted shows the applicant is an individual of extraordinary ability. By definition, extraordinary ability is “a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor.” [8CFR Section 204.5(h)(2)].
If the I-140 is approved, the applicant can file Form I-485, Application to Register Permanent Resident, to change their status to EB-1A. Generally, the date the applicant files their I-140 becomes their priority date. If the priority date matches the final action date released by the U.S. Priority dates for EB-1 applicants tend to have current dates, meaning an applicant does not usually have to wait to file I-485, but this can always change and the applicant should check the most recent bulletin.
EB1A Filing Fees
The fees for filing for EB-1A from within the United States are as follows:
· I-140 basic filing fee: $700
· I-485, I-765, I-131 fee: $1,140
· Biometrics fee (if applicable): $85
· Premium processing fee (optional): $2,500
For filing outside of the United States:
· I-140 basic filing fee: $700
· DS-260 fee: $325
· Affidavit of Support fee: $120
· Biometrics fee (if applicable): $85
· Premium processing fee (optional): $2,500
Eb1A Green Card Processing Time
Premium processing is optional, but it will lower the processing time of your I-140 from an average processing time of 5.5 to 6.5 months to 15 days.
The process of applying for an EB-1A can be long and complicated, so it’s best to work with an experienced immigration attorney. Contact the attorneys at the Xu Law Group for a consultation.
About the Author:
Toni Xu is an immigration attorney who specializes in representing immigrants with extraordinary abilities in EB1 and O1 cases.
The information on this page should not be construed as legal advice.