A Boutique Immigration Law Firm Serving the Bay Area

The EB-1 (A) Visa Process

The EB-1 (A) is a subcategory of the first-preference employment-based visas. This type of visa is specifically reserved for individuals who have an extraordinary ability in sciences, arts, education, business, and athletics. With an EB-1 (A), an individual can obtain a U.S. green card to legally live and work in the country.

Eligibility for EB-1 (A) Visa

Individuals with extraordinary abilities are those who have achieved such expertise in their field that they are in the top percentage of all people in the same discipline. This expertise is demonstrated by receiving extensive national or international acclaim or a one-time major award such as a Pulitzer Prize, Academy Award, Olympic medal, or a Nobel Prize.

Individuals must meet 3 of the following criteria to demonstrate extraordinary ability:

  • Received awards for national or international achievement
  • Is a member of a professional organization in their field
  • Has been featured in a major trade publication
  • Has judged others in the same field
  • Has contributed original work to the field
  • Has published articles in a major journal or publication
  • Has had work displayed at a major conference or showcase
  • Has held a leading role in distinguished organizations
  • Receives salary or other forms of payment that is significantly higher than others in the field
  • Has achieved commercial success in performing arts

An individual who wishes to apply for an EB-1 (A) does not need to have a job offer from a prospective employer; rather, they need to demonstrate that, upon entering the U.S., they plan on continuing to work in their field of expertise and their work will be beneficial to the country.

Applying for the EB-1 (A) Visa

The individual can self-petition for the visa by submitting Form I-140 to the U.S. Citizenship and Immigration Services (USCIS). With the forms, the applicant must include a filing fee and evidence confirming they meet the eligibility criteria.

The USCIS will send a receipt acknowledging that it has the applicant’s petition on file. The agency will thoroughly review all of the information provided on the form and in the submitted evidence. Generally, the review process takes about 5 months.

Applying for Legal Permanent Residency

If the USCIS approves the EB-1 (A) visa, the individual will receive written notification of the decision. If the individual is currently in the U.S., they can apply for an adjustment to their immigration status to become a legal permanent resident. If the individual is living outside the U.S., they must have their immigrant visa processed through the National Visa Center.

Call The Alagiri Immigration Law Firm for Help with Your Visa Petition

For over 15 years, our lawyer has been providing legal assistance to individuals wishing to live and work in the U.S. We are committed to helping them achieve their immigration goals by guiding them through the process and providing options for their unique circumstances. If you are seeking an EB-1 (A) visa, contact The Alagiri Immigration Law Firm. We can answer your questions and help you submit a completed file and the necessary supporting documents.

To schedule a consultation, call us at (650) 562-6900 or contact us online.

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