EB1A Visa Eligibility Criteria – A Complete Guide

The EB1A is a green card visa for foreign nationals which falls under the employment-based immigration: first preference category (EB-1). The EB1A visa is restrained only to foreign nationals of extraordinary ability in work fields of sciences, arts, education, business or athletics. The definition of “extraordinary ability” is defined as a level of expertise indicating that the individual is one of the small percentage who have risen to the very top of the field of endeavor (§ 204.5 (h)(2) of the Code of Federal Regulations, CFR)

Pursuant to § 203(b)(1)(A) of the, Immigration and Nationality Act, INA and § 1153, Title 8: Aliens and Nationality of the United States Code, U.S.C, for a foreign national of extraordinary ability in the work fields mentioned above, be eligible for an EB1A, such individual must fulfill three requirements.

First, the foreign national must prove that he or she sustained national and international acclaim and present such extensive documentations on his or her achievements. This criteria could be achieved by showing evidence that the foreign national has been rewarded a one-time achievement preferably a major internationally recognized award such as Pulitzer, Oscar, Olympic Medal. For those who do not possess any such awards, § 204.5 (h) (3) (i) through (x) of the U.S.C provides ten evidential criteria alternative, whereby at least 3 shall be fulfilled.

The ten criteria are summarized as below;

• 1. Proof of receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
• Therefore, despite the prize or award has a lower status than that of a major internationally recognized one, it must have a national or international importance.
• 2. Proof of membership in prestigious organizations whereby outstanding achievements are required for admission to membership.
• Hence, by being a member in the particular organization the person is viewed as an elite by experts in their disciplines or fields globally.
• 3. Published materials of the foreign national by major media coverage or national broadcast networks where title, date and author of the material must be clearly mentioned.
• 4. Proof of the foreign national been judge of the work of others either individually or on a panel.
• 5. Proof of original contribution of the foreign national should be of high significance which put him/her above others in his/her field.
• 6. Evidence of the foreign national’s authorship of scholarly articles which has major significance in proving that the person “is one of the small percentage who has risen to the very top” of the field of endeavor.
• 7. Evidence of the display of the foreign national’s work in the field at artistic exhibitions or showcases.
• This evidence would have greater weight if the demonstration has attracted a large number of audiences.
• 8. Evidence that the foreign national’s had leading or critical role in project for highly recognized organizations or establishments, whereby his/her involvement in such position played a crucial role for the success of the project.
• 9. Evidence that the foreign national has a high remuneration compared to others in his field of work.
• 10. Evidence of commercial successes in the performing arts.

Secondly, the foreign national must show full commitment and intent to continue to work in his/her field of work

Thirdly, the foreign national must demonstrate that he/she will prospectively benefit the United States. The area of endeavor the person is involved in must have such significance that the United State will benefit from having a person in that particular field of work.

The advantages of an EB1A is that the foreign national do not require an offer of employment in the United States nor a labor certification is required. Yet, the foreign national must provide proof of his/her intent to continue to work in his field of endeavor. This can be proven by demonstrating letter(s) from prospective employer(s) or prearranged work contract or a detailed letter explaining his or her intent to continue his or her work in the United States. Additionally, the foreign national can file his or her own petition. Also, EB1A is current and does not have backlog. Another advantage is whenever a foreign national acquired the EB1A, his spouse and children below 21 years old are subsequently eligible for their green cards.

Since by getting an EB1A approved, a foreign nation can reap a lot of benefits as mentioned above, the United States Citizenship and Immigration Services, USCIS, has established strict approach to test the eligibility of petitioners such as the Two-Part Approach (the Kazarian case). The first part of this approach consist of evaluating whether petition is supported by either proof of on-time major internationally recognized award or the evidence provided meets at least three criteria out of ten as mentioned above. The second part consist of evaluating the strength of the evidences provided and assess whether the petitioner has established a strong petition to show his or her extraordinary ability for an EB1A. Since the burden of proof lies on the petitioner, failure to satisfy the USCIS officer might results in petition getting rejected. Nonetheless, if the USCIS officer has any additional questions pertaining the evidences presented, the officer can respond with a Request for Evidence (ERF) to clear uncertainties in the petition.

To conclude, by having your petition for an EB1A approved is a prize in itself, bearing numerous benefits to the petitioner. Consequently, such application process contains many complexities and it is very important that applicants retain the services of a skilled immigration lawyer for a prospective approval.

5 Reason you shouldn’t file EB1A yourself

1. Petition requires extensive documentation to demonstrate extraordinary ability in your field. An experienced attorney can help compile and present the evidence effectively, ensuring that your achievements are properly showcased.

2. Legal Expertise: Immigration law is intricate and subject to changes. An attorney specializing in immigration law is up-to-date with the latest regulations, trends, and case law that could impact your application.

3. Strategy and Case Building: Crafting a strong case that meets USCIS standards requires strategic planning and tailored presentation of your accomplishments. An attorney can help develop a compelling narrative that aligns with the criteria for extraordinary ability.

4. Mitigating Mistakes: Errors or omissions on your application can lead to delays, rejections, or even legal consequences. An attorney’s attention to detail helps ensure your application is accurate and complete.

5. Legal Advocacy: If USCIS issues a Request for Evidence (RFE) or denies your petition, an attorney can respond effectively, addressing concerns and strengthening your case through legal arguments.