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What is an EB-1A Visa?

The EB-1A visa is an employment-based green card designed for those who can meet strict requirements. The applicant must prove that they have extraordinary ability in either Science, the Arts, Education, Business, or Athletics. Your professional achievement must have received national and international recognition, and you must demonstrate that you have a level of expertise in your field.

Proof of your extraordinary ability may come from an Olympic Medal, a Pulitzer or Nobel Prize, or other internationally recognized awards. It can also be proven through published articles written by others regarding your work, published scholarly work completed by you, evidence of your critical role in organizations with a specialized reputation, comparatively high salary, and more.

What are Some Advantages of the EB-1A Visa?

Some visas require that you have a specific offer of employment on the table to qualify; the EB-1A visa does not require this. You can apply for this visa whether or not you have an active offer for a position in the US.

You can “self-petition” for an EB-1A visa, meaning you can apply independently, rather than having an employer as a sponsor for your application.

Most other visas require a PERM Labor Certification process to obtain your visa. This process can be lengthy and involves providing evidence that by working in the US, you aren’t taking away jobs for willing and capable US Citizens. Due to the nature of the qualifications of this category of visas, if you meet the extraordinary requirements, having a PERM Labor Certification in addition to meeting those qualifications is not necessary.

Time is of the essence when attempting to obtain your visa, and the EB-1A can provide a relatively quick green card. The backlog that applies to other categories of EB visas typically doesn’t apply to the EB-1A visa, meaning waiting for the priority date is likely not an issue. Moreover, a premium processing option can make the process even less time-consuming for the eligible applicant.

What are Some Disadvantages of the EB-1A Visa?

Due to the extraordinary skills that are required to be eligible for the EB-1A visa, it can be challenging to be a qualified applicant. Not only do you need to prove extraordinary skills, but you must be able to provide evidence supporting your achievements in three of ten specific categories set up by the USCIS.

USCIS officers have a lot of discretionary power over whether or not applicants are approved. Due to the complicated requirements, it can be an arduous process for applicants.

Why Do I Need an Attorney?

With the multiple categories of visas available, it can be challenging to determine which is best for you. Working with an experienced immigration attorney can provide valuable insight into which avenue best suits your situation. They can work with you to achieve your ultimate goal of obtaining your visa and begin building your life in the US. Call my office at 407-499-5680 to answer your specific questions and begin the process.

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