EB-1A: FREQUENTLY ASKED QUESTIONS
NEW SERVICE ALERT: ACHIEVEMENT-BASED (‘GREEN CARD’) IMMIGRANT VISA!
The Law Office of Akintunde F Adeyemo, PLLC is now accepting new clients in this category: EB-1A – Alien of Extraordinary Ability.
EB-1A: FREQUENTLY ASKED QUESTIONS
WHAT IS EB-1A?
EB-1 means Employment-Based Immigration: First Preference. EB-1A is a subcategory within EB-1, which is specifically for individuals who possess extraordinary ability.
IS EB-1A CATEGORY AVAILABLE TO ANY FIELD OF WORK?
The United States Congress and the Code of Federal Regulations — INA §203(b)(1)(A). 8 CFR 204.5(h) — allow foreign nationals (who can demonstrate extraordinary ability in the sciences, arts, education, business, or athletics) to permanently immigrate to the United States.
DOES THIS PETITION REQUIRE A JOB OFFER OR LABOR CERTIFICATION?
No. You do not need an employer, or a job offer, and EB-1A does not require a labor certification. You are filing as a self-petitioner, based on demonstrating the criteria below through extensive documentation.
WHAT ARE THE CRITERIA?
In order to qualify as an “Alien of Extraordinary Ability”, the foreign national must demonstrate at least three (3) of the following evidence categories, pursuant to 8 CFR 204.5(h)(3)-(4):
1. Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
2. Evidence of the foreign national’s membership in associations in the field for which classification is sought where associations require outstanding achievement of their members as judged by recognized national or international experts in their disciplines or fields.
3. Evidence of published material about the foreign national in professional or major trade publications or other major media, relating to their work in the field for which classification is sought. Such evidence includes the title, date, and author of the material, and any necessary translation.
4. Evidence of the foreign national’s participation, either individually or on a panel, as a judge of the work of others, either individually or on a panel, in the same or an allied field of specialization for which classification is sought.
5. Evidence of the foreign national’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field.
6. Evidence of the foreign national’s authorship of scholarly articles in the field, in professional journals, or other major media.
7. Evidence that the foreign national has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation.
8. Evidence that the foreign national has either commanded a high salary or will command a high salary or other remuneration for services in relation to others in the field, evidenced by contracts or other reliable evidence (comparable data specific to the country where the person is working rather than just converting the foreign pay to U.S. dollars and comparing pay in the United States).
9. Evidence that the foreign national’s work has been displayed at artistic exhibitions or showcases.
10. Evidence of the foreign national’s commercial successes in the performing arts as shown by box office receipts or sales of music.
If the criteria above do not readily apply to the foreign national’s occupation, you may submit comparable evidence in order to establish your eligibility. The petitioner must demonstrate that his/her entry must substantially benefit the United States in the future. The meaning of “substantially benefit” has been applied broadly.
WHAT IS THE STANDARD OF REVIEW?
The applicable case — Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010) — creates a two-step evidentiary review. The first step is to consider whether the evidence meets regulatory criteria, while the second step is the final merits determination.
HOW LONG DOES IT TAKE THE GOVERNMENT TO PROCESS YOUR PETITION?
It takes between 7-9 months, but, due to administrative logjams at USCIS, it may take longer. You can always check estimated processing times at the USCIS website. However, USCIS offers an optional PREMIUM PROCESSING (expedited) service for an additional fee of $2,500. If you choose premium processing, USCIS will review and respond to your I-140 petition within 15 calendar days. By requesting the optional premium processing, you are guaranteed a decision from USCIS in 15 calendar days; so, instead of waiting for months to get a decision, you will get one within 15 days of filing. If the government (USCIS) fails to process the application within 15 calendar days, it will refund the premium processing filing fee.
DOES THIS PETITION COVER MY FAMILY?
Simply put, yes, but this is a two-step process.
First, we start by filing a form I-140, Immigrant Petition for Alien Worker. This is the main petition, accompanied by supporting documents (including a legal brief), that, if approved, carries a lot of benefits for the petitioner and his/her immediate family members (i.e., spouse, and children under the age of 18 - also known as derivative beneficiaries).
After a successful I-140 petition, the second step is triggered. There are two separate routes here, depending on your location at the time of filing. For petitioners who are currently living in the U.S., you are eligible to file a form I-485, Application to Register Permanent Residence or Adjust Status, with the USCIS. As the petitioner, you can then extend that privilege to your spouse, and children under the age of 18.
For petitioners who are currently living outside the U.S., your approved I-140 package will be sent to the National Visa Center of the U.S. State Department, and the consular processing will be done at the U.S. embassy in your home country. Subsequently, you (your spouse, and children under the age of 18) will be issued immigrant visas; and, a few weeks after arriving in the U.S., your green cards will be mailed to you.
DO YOU HAVE ADDITIONAL QUESTIONS?
Please send them to: info@akinalaw.com
For an initial eligibility evaluation, please include your updated resume/CV in the email.
For a free (100%) case evaluation for EB-1A, contact the attorney-in-charge of The Law Office of Akintunde F Adeyemo, PLLC:
Akintunde F. Adeyemo, Esq.
Attorney, Counselor & Solicitor
734-318-7053 (Call, Text, Including WhatsApp)
Website: www.akinalaw.com
Email address: info@akinalaw.com
The information in this article is for general information purposes only. Nothing in this post should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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