EB1A – How to get a green card through extraordinary ability
The EB1A is an immigrant visa for people with extraordinary abilities in certain fields. This visa is focused on foreigners living or coming in the US having extraordinary ability in arts, sciences, business, education and athletics. Having an extraordinary ability also refer to being among the few that has risen to the top and to ascertain so, the person should provide evidence of their one-time achievement such as possessing a national or international acclaim, an award winning prize a noble prize, a Pulitzer prize, or even an Oscar winning prize or meet requirements explained below.
Having as one main advantage the EB1A allows self- petition and does not require labor certification which saves a lot of time for the petitioner however it is at times very complex and hence will require assistance of a lawyer. For an alien person to qualify for an EB1A, that individual must meet the high standards. The USCIS has a stricter view for EB-1A and has specific policy from the Kazarian federal court case having a two-fold methodology; the first part is counting the types of evidence and second the final merits determination which is normally the part that prevents an individual from gaining the approval.
Regarding the first part that is the types of evidence, the alien person must be well defined, in other words as to how he/she qualifies as having an extraordinary ability in their field of work which can vary in the following; sciences, arts, education, business and athletics. They must provide all their certificates and qualifications from their past education or work experience. The foreigner must demonstrate as to why he/she wants to come to the US and how his work will benefit the United States. The person must how he/she maintained their high accomplishments in his/her field of endeavor the contrary can be a ground for disqualification, the person should not remain idle with past qualifications and certificates.
For a person to qualify for the eb1a, he/she must have at least three of the 10 following summarized requirements, in case the individual does not possess a prestigious award:
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- Receipt of lesser nationally or internationally recognized prizes or awards for excellence in your field of endeavor
- A membership in a recognized association requiring outstanding achievement.
- Published material of the foreigner
- His participation as judge of the work of others.
- His original contributions for instance in advancement of science.
- Authorship of scholarly article
- Display of the foreigner’s national work at significant exhibitions
- A distinguished position in a recognized organization
- Commercial success in arts.
- The person commands a higher salary compared to others in his field
Another important aspect in trying to qualify for an eb1a is the specification of the field of endeavor, and how all past education and experience of the person will help him work for the betterment of America. Even if a person does not have a job offer from the US, with an eb1a secured he/she can get their green card. The eb1a acts as premium process and allows the application for visa to be viewed in 15 days. If an individual acquires the eb1a, his spouse and children below 21 years old are also eligible for their green cards.
Generally, the process of getting an eb1a is faster and simultaneously one can file his own petition and apply for permanent residency. Hence the eb1a is seen as a more flexible process which can be a great opportunity for people awaiting their green cards. The Shah Peerally law group has successfully handled numerous cases of this kind hence our expertise and service are available to all.
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Mungur Samiia,
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