Am I eligible for an EB-1A Visa?

Highlights: All you need to know about the EB-1A Visa

• The EB-1A visa category is mainly for foreign nationals with extraordinary skills to apply for a U.S. Green card.
• Candidates with experience in business, science, and arts are eligible for the visa.
• The EB-1A visa offers some benefits, such as an expedited processing time, no requirement for a PERM certificate, and the option to self-petition.  
• Applicants are required to fulfill at least 3 out of 10 criteria that are shortlisted for the EB-1A visa.

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What is an EB-1A Visa?

The EB-1A visa is an employment-based visa that allows eligible candidates to apply for a Green Card.  Compared to other green card categories, the EB-1 category falls under the criteria of first-preference employment immigration in the U.S. The “Extraordinary Visa” is for non-US citizens with extraordinary achievements in acclaimed fields, such as Business, science, and the Arts.

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Why apply for an EB-1A Visa?

The EB-1A Visa provides many benefits over the other green card options, some of which are listed below:

• The EB-1A has an expedited processing time compared to the EB-2 and EB-3 categories.
• Spouses and children aged 21 and below can also get a green card as dependents with an EB-1A Visa
• You do not require a PERM labor certification
• No employment offer or employer sponsorship is required for this visa category
• The EB-1A visa has a reduced waiting time with around two years of backlog time compared to the other visa categories

Eligibility Criteria for EB-1A Visa

According to the assessment of USCIS (United States Citizenship and Immigration Services), the EB-1A Visa requires achieving at least three of the following outlined eligibility preferences.

1. Membership in Associations Requiring Outstanding Achievements:

This includes entry into unique professional academies or societies, such as being an exclusive National Academy of Engineering (NAE) member, that is, exclusively for top-rated engineers from various nations.

2. Evidence of Sustained National /International Acclaim:

This includes receiving reputable awards (such as the Pulitzer or Nobel Prize), recognition from deemed organizations, and noteworthy coverage from the media.

3. Published Material in Major Media:

This includes writing books, research papers, or articles in reputed publications showcasing your field expertise.

4. Original Contributions of Major Significance:

This includes showcasing your work through inventions, research work or patents that exhibit your extraordinary ability

5. Serving as a Judge of the Work of Others:

This includes having a position on the jury or estimable selection panels, wherein your position as a higher authority is shown. 

6. Commanding a High Salary:

Earning a commanding salary with exceptional value within the industry credits added eligibility

7. Exhibitions of Your Work in Your Field:

This includes showcasing your talent in well-known venues and events that act as proof of your recognition and talent

8. Performance in a Leading Role for Organizations with a Distinguished Reputation:

This includes holding a reputed position in prominent organizations that will help highlight your application

9. Documentation of Your Achievements by Recognized Experts:

A letter of recommendation from highly recognized professionals in your field will strengthen the EB-1A Visa process.

10. Other Comparable Evidence:

Having extraordinary abilities and talents also bags the credibility of getting the EB-1A Visa process faster.

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Things to know about the EB-1A Visa Application Process

The application process can be divided into two types depending on the applicant. If the applicant is a non-resident, the application can be forwarded to the NAV (National Visa Center), which schedules an in-person interview. The processing may take longer depending on the person’s locality.

• You must file I-140 with all the required documents and supporting files proving your expertise in your required fields.
• The time required to process a U.S. green card can take several months, but premium processing can expedite the process.
• If the person is a US local, the average time of the application process can take a few months.
• The application process can also be lengthy if the applicant fails to maintain sufficient funds to support himself and his family in the US.

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