Everything to know about the EB

What is an EB-1A and why should you obtain one?

An EB-1A visa is an immigration visa for those who are living in different countries. This visa is issued to individuals who have extraordinary abilities in diverse fields. He may possess the abilities in the arts, business, or sports. Once the individual has got the visa, he will become a permanent resident in the US. He doesn’t need to have a specific job offer, or employer sponsorship. Now, let’s check the benefits of getting an EB-1A visa.

Such a type of visa serves as a green card mainly because of many reasons.

When you get an EB-1A visa, there’s often a shorter waiting time. The duration is quite less compared to other employment-based visas. Thus, there are greater chances of being a permanent resident in the USA.
After the officials issue the visa, the spouse and the children can accompany the individual. The core family members can also be permanent residents. However, the age of the children should be less than 21 years.
Holders of an EB-1A visa can later apply for other types of visas or green cards. They can submit an application without jeopardizing the current status.
EB-1A visa holders gain the flexibility to work in any field. They can also think about securing opportunities without being associated with a certain employer.

What is the acceptance rate?

The EB-1A visa has an approval rate of more than 70% as of 2023. This has significantly increased from 2010, when the rate was 62%. However, you may have to go through a lot while submitting the application. Even with a high acceptance rate, you might probably get a Request for Evidence (RFE). This means that you need to provide some more information for the application to get processed. If you’re denied, then you have to reapply to address the shortcomings. But, as far as we know, you will not face any hurdles for applying once again in case of a denial.

How much time does it take to get the visa?

Post submitting the application, it may take some time to process everything. But, as per the update in April 2024, the processing time will be between 8 and 37 months. The I-140 stage, on the other hand, can be sped up to 15 days. Soon after the approval of the EB1 I-140 petition, you can go through the Visa Bulletin. This will confirm whether the priority date is current. If the bulletin shows PD as ‘current’, then it can take around 20 to 35 months to approve the petition. Nevertheless, the processing time can vary depending on the Service Center.

As of April 2024, 16 and a half months are taken to process Form I-140 at the Nebraska Service Center. In contrast, the processing time is 19 months for the Texas Service Center. If the family-based petitions have to be processed, then the time will be between 51.5 months and 56.5 months. Nevertheless, it’s better to apply for the visa when the processing time is short. You can also apply for premium processing. Soon after you fill out Form I-907 (Request for Premium Processing), USCIS will take 15 days to process the case. Besides everything else, you must remember that it’s tough to obtain EB1A. But, when you get the EB-1A Visa, it shows that you have achieved something in the field.

What qualifies you for an EB-1A Visa?

To be eligible for an EB-1A Visa, you have to fulfill 3 requirements.

First and foremost, you have to be skilled in particular fields. Having said that, you must possess extraordinary abilities.
Once you start living in the United States, you must continue to work in your field.
When you’re staying in a region of the US, you should be augmenting the country’s growth.

Now, let’s check the criteria one after the other.

#1 Possessing extraordinary ability

When you state that you have extraordinary ability, then you must have got an international award. This could either be a Nobel Peace Prize or an Oscar Award. But, if you haven’t got the award, then you are still eligible. You then have to meet at least 3 criteria among the ones below.

Recipient of an internationally recognized prize for your accomplishment in the field.
You must be a member of an association in your arena. However, you must have accomplished something when you were judged by experts.
As an expert, you must have some material published in a trade publication. This material must only be related to your work in the field.

In addition to the above aspects, you must be a part of a jury. In that case, you must have judged the work of others in your field.
Any original contributions in the field will also be one of the criteria.
If your work has been showcased in any artistic exhibitions, then that can also be a qualifying aspect as well.
You must have delivered performance in a leading role at an organization.
You must have drawn a high salary for the services you had offered in the past.
If you have accomplished success in some form of art, then that can be an aspect.

#2 Willingness to continue working in the USA

To be eligible for an EB-1A visa, you must show your willingness to continue working in the USA. In those instances, you have to submit evidence as a job offer or a contract. However, make sure that the evidence is related to your field.

#3 Serving to be beneficial to the country

While meeting the criteria, you must also confirm that you will add on to the country’s development. Usually, you have to confirm whether you will work in the field as you possess the ability.

How Does the USCIS Decide Whether the EB-1A Visa Petition has been approved?

Most of the time, the USCIS follows a 2 step process. This helps in determining whether the EB-1A petition is approved or denied.

Step-1: Evidentiary Threshold

At this stage, the USCIS ensures whether the submitted evidence meets at least 3 criteria. The officials also gauge the caliber of the evidence that you have submitted.

Step-2: Determination of Final Merits

During this stage, the USCIS assesses the authenticity of the evidence. This will help to determine whether you possess extraordinary ability. A thorough evaluation will also give an idea of whether you have earned recognition in the field.

What Documents are required for an EB-1A Visa?

To apply for an EB-1A visa, you have to submit many key documents. Here’s the list of all the documents.

Form I-140
This form is referred to as an immigrant petition. You have to fill out the form if you’re not a citizen of the USA. After completing the form, you have to file it with the U.S. Citizenship and Immigration Services (USCIS).

Proof of Extraordinary Ability
To demonstrate your extraordinary ability, you have to provide some documents. This can include major awards, publications about your work, and evidence of international acclaim. Besides, you must also present proof of high remuneration if you’re working.

Personal Statement
This statement presents the outline of your accomplishments. Moreover, it also shows the significance of your work.

Letters of recommendation
These are letters obtained from your experts. These have to be attested when your ability is considered.

Passport Copies
These are soft copies of your passport or any other previous visas.

Filing Fees
These refer to the payment done as per the applicable filing fees. You have to bear the fees as per the Form I-140.

Conclusion

Finally, only the right candidate can get an EB-1A visa. If the individual possesses certain abilities, then he can consider an EB-1A visa. To prove his worth in the field, he has to present sustained international acclaim and his accomplishments. However, he has to meet at least 3 criteria out of 10. Even then, he may have to present some more detailed information to prove how well he is advancing in his career.

If you wish to pace ahead with a better future, why not connect with IMET World Wide? While we offer many academic programs, we will surely make you future-ready. You will also brim with confidence when you enhance your skills.

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Everything to know about the EB – 1A Visa