EB-1A Visa Lawyer

Understanding the EB-1A Visa

The EB-1A visa is an immigrant visa for foreign nationals of extraordinary ability in certain industries. To qualify for an EB-1A visa, a person must be at the very top of their field in the listed areas:

• Business
• Sciences
• Education
• Arts
• Athletics

Holders of the EB-1A visa can permanently live and work in the United States as long as they continue to work in their field of extraordinary ability after moving to the U.S. Extraordinary ability can be established through “sustained national or international acclaim,” according to the U.S. Citizenship and Immigration Services (USCIS).

How to Qualify for an EB-1A Visa

The name of the EB-1A visa stems from the law 8 U.S.C. §1153(b)(1)(A). This section of the United States Code (USC) permits foreign nationals to seek classification as an alien with extraordinary ability if they meet the following qualifications:

• Have extraordinary ability in any of the following fields: business, sciences, education, arts, or athletics. An alien’s achievements must be demonstrated through extensive evidence (find out more in the “EB-1A Requirements” section below);
• Have the intention to continue working in the same field upon entering the United States; and
• An alien’s entry must substantially benefit the U.S. in the future.

Although the statute does not contain a definition for “extraordinary ability,” the USCIS website states that the individual’s level of expertise must be high enough to place them at the top of their field to be eligible for an EB-1A visa.

EB-1A Visa Advantages

The EB-1A is one of the most sought-after immigrant visas due to the many advantages it offers. To name a few, the benefits of obtaining an EB-1A visa include:

• The wait for this visa is typically shorter than for other visas because this category of visas is not backlogged and priority dates are current;
• The applicant does not need any employer sponsorship or job offer;
• The visa does not require the Department of Labor-issued PERM labor certification; and
• The applicant’s spouse and minor children may also qualify for a green card and admission into the U.S.

Due to the strict requirements for getting an EB-1A visa, only a select few can reach the pinnacle of their respective fields and qualify for this visa.

EB-1A Visa Application Process and Processing Times

Applying for an EB-1A visa is a five-step process:

1. File Form I-140 (Immigrant Petition for Alien Worker), which allows non-U.S. citizen workers to seek permanent residency in the U.S.
2. After the approval of Form I-140, the applicant can proceed with their application by undergoing consular processing at a U.S. embassy or consulate in their home country or adjusting their status within the U.S.
3. The applicant will be required to schedule and attend a biometrics appointment to have their fingerprints and photographs taken and attend a medical examination.
4. The applicant will attend the visa interview.
5. Once the application is approved, the applicant becomes an EB-1A visa holder.

The standard processing time for EB-1A visa applications is anywhere from four to seven months. However, applicants can request premium processing, which can cut the total processing time to 15 calendar days.