Many exceptionally talented individuals find it challenging to obtain a green card without a traditional employer or family member to sponsor them. However, for those at the pinnacle of their field, neither a family member nor employer sponsorship is necessary if you qualify for the EB1A visa. With the EB1A green card, you can self-petition, meaning you can apply for yourself without needing an employer to sponsor you.
In this guide, I’ll explain important details about the EB1A criteria and what USCIS considers when evaluating EB1A petitions. If you have any questions, please feel free to email me directly at Contact@Eb1agreencardcoach.com. I’m highly responsive via email and would be happy to assist you.
1.What is the EB1A: Extraordinary Ability category?
Is it possible to obtain a green card without the need for an employer or a job offer?
Typically, acquiring an employment-based Green Card involves two key requirements: 1) an employer initiating an immigrant petition on the applicant’s behalf; and 2) a job offer. However, individuals who demonstrate exceptional abilities in their respective fields may not require either of these prerequisites. Through the EB1A category, individuals can self-petition for a Green Card. Additionally, the lengthy PERM/labor certification process, which can take up to a year and a half in certain cases, is not necessary under this category. For eligible candidates, this route can be one of the quickest paths to permanent residency, with premium processing options available.
2.What are the EB1A requirements?
Requirements: How to Build a Strong EB1A Case
The EB1A is reserved for individuals in fields such as arts, sciences, athletics, education, or business. To qualify, applicants must either demonstrate receipt of a major internationally recognized award (such as a Nobel Prize or Pulitzer) or meet at least three of the ten statutory criteria.
Despite meeting the qualifications for at least three of the criteria, many of my clients lack knowledge on how to construct their case to prove their eligibility. To address this gap, I aim to provide guidance on the most compelling evidence required for each of the ten criteria points under the EB1A category.
3.What are the best types of evidence to provide in order to get an approval?
The Best Evidence for Building an EB1A Matter
Evidence of receiving lesser nationally or internationally recognized prizes or awards for excellence is essential for your application.
Documentation of the foreign national’s membership in associations within their field that require outstanding achievements from their members is crucial.
Documentation of the foreign national’s appearance in professional or major trade publications, or other significant media outlets.
Evidence demonstrating that the foreign national has been invited to assess the work of others, either individually or as part of a panel.
Evidence of the foreign national’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
Documentation of the foreign national’s authorship of scholarly articles in professional or major trade publications or other major media.
Evidence of the foreign national’s work displayed at artistic exhibitions or showcases:
Evidence of the foreign national’s significant leadership or critical role within distinguished organizations
Evidence that the foreign national commands a high salary or significantly high remuneration in relation to others in the field;
Documentation of the foreign national’s commercial successes in the performing arts.
4. What are some additional considerations, besides the 3 of 10 enumerated categories?
Additional Considerations After You Have Met 3 of the 10 Criteria: Kazarian Policy Memorandum
In 2010, the Ninth Circuit Court of Appeals delivered a pivotal decision that forever altered the landscape of EB1A petitions. Known as Kazarian v. USCIS, this Ninth Circuit case prompted USCIS to issue a “policy memorandum” outlining detailed guidelines for assessing EB1A applications.
The memorandum, commonly referred to as the “Kazarian Policy Memorandum,” raised the standard for establishing “extraordinariness.” In addition to satisfying three of the ten enumerated criteria, applicants are now required to provide documented evidence supporting:
1. Demonstrated expertise placing the foreign national within the top percentile of their field.
2. Sustained international or national acclaim, recognizing the applicant’s achievements.
3. Intent to continue working in their field.
4. Potential to impart substantial benefits to the United States.
The latter two requirements (3 and 4) necessitate the applicant’s demonstration to USCIS as to why the traditional, time-intensive PERM Labor Certification process and job offer should be bypassed. Focus should be placed on future job prospects, involvement in unique and significant projects, prospective funding opportunities, and the immediacy of these endeavors. This approach aims to convince the US government that delay in obtaining residency status is unwarranted.
5.What forms do I need to file an EB1A?
Similar to any employment-based green card petition, you must submit a Form I-140 along with the required fees. It’s important to note that USCIS updates their fees and forms regularly, so it’s essential to ensure you are using the latest editions and paying the correct fees.
Depending on your country of chargeability (where you were born), you may also be eligible to submit an I-485 Adjustment of Status application along with your I-140 petition. To determine eligibility, refer to the current month’s visa bulletin, which is updated two weeks before the month ends. You can check if your priority date, based on your country of chargeability, is current. A priority date is considered current when it is marked as “C” under the “First Preference” section of the chart.
The adjustment of status application allows individuals who are currently in lawful status and physically inside the United States to apply for a green card. If you are not physically present in the US, you can apply for an immigrant visa, and consequently a US green card, through consular processing at the US Consulate abroad. For consular processing, you’ll need to complete a DS-260 with the Department of State.
6.Conclusion
Experienced immigration practitioners are often surprised by the subjective evaluation involved in EB1A visa applications. Therefore, it’s crucial to provide robust documentation to construct a compelling argument showcasing your extraordinary abilities. In case your application is challenged, you may receive a “Request for Evidence” (RFE), allowing you to bolster the strengths of your case in the areas under question.
If you have any inquiries regarding your eligibility for a Green Card through the EB1A process or need assistance navigating the complexities of your case, please don’t hesitate to contact me directly at Contact@Eb1agreencardcoach.com. I am highly responsive via email and am dedicated to assisting you with your inquiries.
