The “Alien of Extraordinary Ability” (EB-1a) program allows internationally recognized experts (in the sciences, arts, business, education or athletics) who rank at the very top of their respective field a “fast track” process for obtaining Green Card status in the United States. This visa program has several important benefits:

• No permanent job offer is required;
• No employer sponsorship is required;
• No prior approval from the Department of Labor is required;
• No newspaper advertising for the position is required;
• Allows for change of employer during the petition.

The lawyers at Visa Law Group regularly help leading foreign experts, as well as their employers, prepare and file immigrant petitions under the EB-1A program. Our past and present clients in this program include:

• Leading researchers and scientists working at government research institutions and agencies, universities, and private industry;
• Acclaimed physicians working in specialty fields of medicine;
• Professional athletes working in major sports;
• International recognized business executives holding leading roles in industry;
• Artists and entertainers.

This employment based immigrant visa has several important qualifying criteria and limitations to be considered before seeking this status:

Key Factors

Extraordinary Work In the Field

An essential requirement of this program is demonstrating to the satisfaction of the CIS that the Applicant has made “extraordinary” accomplishments and that the foreign expert has “risen to the top” of their field.

To demonstrate eligibility, the expert is required to document at least THREE of the following categories. 

1. Receipt of lesser nationally or internationally recognized award in the field;
2. Membership in associations that require outstanding achievements of their members in the field of expertise as judged by other experts in that field;
3. Published material about the alien and his or her work in professional or trade journals;
4. Participation by the alien as a judge of another's work in the alien's field;
5. Original scientific or scholarly contributions by the alien in the field of expertise;
6. Authorship of scholarly articles published in professional or trade journals;
7. Display of the alien’s work at exhibitions;
8. Participation in organizations of distinguished reputation in a leadership role;
9. Receipt of a high salary relative to others in the field;
10. Commercial success in the performing arts.

Significant Evidence Expectations

This immigrant visa classification is restricted only to the elite of the international field.  Thus, CIS has placed an enormous burden on the Applicant to persuasively document that he or she does, in fact, possess an “extraordinary ability.”  The alien should therefore expect to over document the satisfaction of each of the eligibility requirements listed above. 

The Filing Process

In general, the immigrant visa application consists of two steps: Step #1 Filing an immigrant petition with the CIS Regional Service Center; this petition requires comprehensive documentation supporting the factual basis for “how and why” the expert qualifies for the classification. Step #2 Seeking adjustment to permanent resident status (Green Card) either through the CIS or the Department of State.

And based upon careful consideration of various factors, the Step #2 process may be completed under two different options:

(1)  Consular Processing Upon Approval of the I-140/EB-1 Immigrant Petition:

Upon approval of the immigrant visa CIS will transfer the file to the National Visa Center which will then transfer the case to the U.S. Embassy / Consulate in the country of residence of the alien.  The Green Card will be issued there and valid up reentry into the United States.

(2)  Adjustment of Status in the United States – Form I-485:

As an alternative the “Green Card” can be obtained by filing for adjustment of status in the United States.  The adjustment of status can be filed concurrently with the Form I-140 or upon approval of the Form I-140 petition.  The concurrent filing allows for an application for Work Authorization by the alien and his spouse and children as well as for Travel Documents for the alien and his dependents. 

Picking the best method for filing requires analysis of many different issues, and great caution should be exercised in making this important decision.

Our Experience

The lawyers at Visa Law Group regularly help foreign business professionals and companies prepare and file comprehensive EB-1/AEA visa applications.  If you need legal advice or help with this visa, please feel free to contact us at Morris@VisaLink.com.