EB-1A Visa | U.S. Green Card for Individuals with Exceptional Abilities
The EB-1A visa is an excellent choice for individuals who possess exceptional skills in the fields of science, business, arts, technology, education, sports, or similar areas. Although the number of these visas is limited like other employment-based immigrant visas, there are typically rarely waiting times. In other words, the quota is seldom exceeded. If there are waiting times, they are usually relatively short for the EB-1A visa, for instance, one year. Moreover, neither a labor market test nor a U.S. employer is necessary.
If artists, entertainers, actors, athletes, scientists, business professionals, etc., intend to live and work in the USA for a limited period, it is recommended to apply for an O visa, as a green card can have tax implications that need to be considered.
What are the prerequisites for an EB-1A visa?
1. Exceptional skills in the fields of science, art, education, business or sport
The applicant must demonstrate that they belong to the elite group of individuals who are top performers in their professional field. Adequate proof of excellence is either:
- The one-time receipt of a major internationally recognized award (e.g. Nobel Prize, Pulitzer Prize, Academy Award or an Olympic gold medal) or
- The fulfillment of at least three of the following ten criteria (or equivalent criteria):
- Receipt of a nationally or internationally recognized award for exceptional performance
- Membership in associations that require recognition of excellence by nationally or internationally recognized experts for admission
- Publication of the applicant's accomplishments in professional or well-known trade journals or in major media outlets
- Participation as a judge in evaluating the performance of others in the same or an associated professional field
- Making particularly significant contributions to the profession
- Writing scientific articles in professional or well-known journals or in larger media outlets
- Display of the applicant's work at art exhibitions or performances
- Assuming a leading or critical role in organizations with an excellent reputation
- High compensation compared to the salaries of others in the same professional field
- Commercial success in the performing arts based on ticket sales or sales of recordings
2. Plans to continue working in the same professional field in the USA
A job offer from a U.S. employer is not necessary to secure an EB-1A green card. The applicant only needs to demonstrate that they will work in the same professional field in the USA. Evidence includes a letter from a potential employer, non-binding letters from potential clients, or a letter from the applicant detailing how they plan to continue their current work in the USA.
Apply for an EB-1A visa for the USA
An EB-1A visa application can be submitted as soon as all requirements are met. However, it is recommended to seek legal advice before applying. Depending on your level of awareness, background, or professional field, there are different strategic considerations and factors (e.g., which of the ten criteria you are most likely to meet) that should be carefully evaluated.
Applying for an EB-1A green card is a two-step process:
- Step 1: Submitting the petition
The individual with exceptional abilities submits a petition (Form I-140), acting as their own sponsor. The petition comprises forms and documents that prove the fulfillment of the necessary requirements.
- Step 2: Apply for a U.S. green card
Once the petition is approved, the individual with exceptional abilities may proceed to apply for a green card. Essentially, there are two options for this application:
- If all prerequisites are fulfilled (including legal entry and residence), you can apply for an adjustment of status within the USA, transitioning your status from non-immigrant to immigrant.
- If the adjustment of status is either impossible or undesired, an immigrant visa is initially applied for at a U.S. consulate outside the USA. After paying an immigration fee of USD 220 (as of August 2022) and entering the USA, the EB-1A green card is automatically dispatched to a specified U.S. address during the visa procedure.
What benefits does the EB-1A visa provide?
The most significant benefit of an EB-1A visa is that neither a U.S. employer nor a labor market test is necessary. This implies that there's no need to verify whether a U.S. citizen or green card holder could perform the intended job in the U.S. labor market. Moreover, the applicant doesn't require an employer to submit the I-140 petition necessary for the green card application. The applicant, acting as a so-called self-petitioner, therefore doesn't need a sponsor.
EB-1A visa and family members
Unmarried children under 21 and spouses of an EB-1A applicant can also acquire a green card.
Our advice on the EB-1A green card
Would you like to live and work in the USA and would you like qualified advice from an experienced lawyer on choosing the right visa category and support with your visa application process? We will be happy to help you! The best way to contact us is by e-mail (info@visum-usa.com) or by phone (+49 69 76 75 77 85 26).
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