Alagiri Immigration Law Firm

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EB-1(A) Green Card Attorney

The EB-1(A) green card is an option for immigrants with extraordinary abilities. This green card status is reserved for the top percentage of high-performing individuals in certain fields, professions, and endeavors.

To be eligible to apply for an EB-1(A) Green Card, you must be a distinguished, widely-recognized leader and top performer in one of the fields below:

  • Education
  • Athletics
  • Arts
  • Business
  • Sciences

If you meet the below criteria in the listed fields, our skilled EB-1(A) Green Card Attorneys at The Alagiri Immigration Law Firm can help assess your case and assist you in applying for your EB-1(A) Green Card.

Requirements: Are You Eligible for an EB-1A Green Card?

The EB-I(A) green card is an option for immigrants with extraordinary abilities. Only a “small percentage of individuals who have risen to the very top of their field of endeavor” are eligible for this employment-based green card.

If you want to apply for an EB-I(A) Green Card you will also have to:

  • Provide evidence of your extraordinary abilities in your field or profession in education, athletics, the arts, business, or sciences.
  • Provide supporting documentation to illustrate you have achieved national or international recognition or acclaim in your field.
  • Show that you intend to continue to work in the field of your expertise, for which you are recognized.

If you are looking for an EB-!(A) Green Card attorney, The Alagiri Immigration Law Firm can help. We’re a full-service law firm specializing in immigration law, and serving clients across all 50 states.

How Does the Immigration Service Determine “Extraordinary Ability” in Your Field?

There are other criteria for EB-I eligibility, the most important one is that your work should be of an extraordinary level in order to qualify, and that you can demonstrate your excellence, recognition, or proficiency in your field.

The first thing you need to do when applying for an EB-I green card is to provide evidence of how respected and recognized you are within your field.

Primary Advantages of Applying for an EB-1A Green Card

With the EB-I(A) Green Card, you could be eligible for a much faster visa issuance process. The process allows applicants to apply for work and travel authorization in advance of their pending green card application approval.

There are many other advantages to applying under this category. Contact us at The Alagiri Immigration law firm today if you would like assistance and legal counsel on which immigration route might be right for your situation. We can assist in filing your EB-1A visa petition and green card. 

Application Process: What Documents do you need for an EB-1A Green Card?

There are several pieces of documentation that you will need when putting together your EB-1A green card application.

1. Evidence of Acclaim: National or International

You are able to show that you have obtained national or international acclaim and can prove it with the proper documentation. Examples would include an Academy Award or Nobel Peace Prize.

If you do not have an internationally recognized award, you must provide evidence in at least three of these categories:

  • You have received other awards indicating national or international recognition in your field.
  • You have achieved membership to a distinguished organization or association in your field.
  • You have assessed or critiqued the work of others in your field.
  • You have made significant, original contributions in your field that has had major impact.
  • You have had your work published by or in major trade publications or in media announcements.
  • Your works have been on display in art shows or exhibitions.
  • You can show that you have achieved media success in the performing arts, via box office success, entertainment sales, etc.
  • You hold a leading and/or critical role in a distinguished organization.
  • Can show that you have a sizable salary, compared to others in your field.

Many of these requirements are similar to that of an O-1 visa. Continue reading here to learn more about O-1 visas and O-1 visa requirements.

2. Filling out a USCIS I-140 Petition Form

Many types of employment-based green cards require you to have an employer in the US that will sponsor you. The company or organization that is hiring you typically will have to go through extensive recruitment processes in order to get a PERM Labor Certification for your position. This part of the process can substantially increase the processing time of obtaining your green card.

Two of the primary benefits of an EB-1A green card is that it does not require a job offer from a US employer or a PERM Labor Certification.

As an applicant, you are able to file your USCIS form I-140 with a “self-petition” status. This is one of the most expedient methods you can use to get your green card.

3. Filling out a USCIS I-485 Application

Because the priority dates for an EB-1A visa is typically current, you can apply for the Form I-485 Application to adjust status along with your I-140 visa petition.  You can also wait to file your I-485 application until your I-140 petition form is approved.  The Form I-485 must be filed to be able to adjust your status to a green card holder and when USCIS approves the I-485 application, this will certify you as a permanent, legal resident of the U.S.

Will My Children or Spouse Also Receive a Green Card?

If you are an EB-A green card applicant, your spouse and children will also be able to apply for green cards as your dependents. In order for them to qualify, they must show evidence of their relationship to you.

It is important to note, though, that even if you get a green card through this category, they may not automatically receive one as well. You need to file separate forms on their behalf so it’s best to consult with an EB-1A immigration attorney now before any decisions have been made about sponsorship of anyone else in your family.

​​EB-1(A) Green Card Cost

How Much Does an EB-1(A) Green Card Cost?
We understand the costs of an EB-1(A) Green Card can be confusing. When you work with The Alagiri Immigration Law Firm, we carefully explain the several mandatory fees the USCIS demands. Below is a breakdown of costs you can expect while petitioning and applying for a green card inside and outside the U.S.

Within the U.S. (Status Change)

Outside the U.S. (Consular Processing)

  • I-140 Filing Fee – $700
  • DS-260 Fee – $345
  • Affidavit of Support Fee – $120

Premium Processing Fees 

The current processing times for an I-140 EB-1A visa petition is currently 20-22 months. If you want to speed up the process, you can pay a $2500 Premium Processing Fee to the USCIS to shorten your petition’s processing time to 15 calendar days. If the USCIS fails to meet the deadline, they will refund your premium processing fee.

 

EB-1(A) Green Card Process Timeline

If you are seeking an EB-1(A) green card, the process timeline can vary depending on several factors, including whether you are applying through consular processing or adjustment of status.

Here’s a general outline of the EB-1(A) green card process timeline:

Eligibility:

 To qualify for an EB-1(A) green card, you must be able to demonstrate proof of extraordinary ability in your field.

Application:

If you believe you meet the eligibility requirements for an EB-1(A) green card, you will need to gather all the necessary documentation and prepare your application. 

We will help you prepare your application with the required documents.

Filing:

You must file a petition with USCIS with all the necessary evidence and documentation of your extraordinary ability.

Decision:

After filing, you will need to wait for a decision from the USCIS. The processing times can change, but you can speed up the process by paying a premium processing fee.

Interview:

If your petition is approved, you may be required to attend an in-person interview at a United States embassy or consulate near you if you are applying through consular processing. Please keep in mind if you are outside the US, you must undergo consular processing.

If you are applying through adjustment of status, you typically do not need to attend a USCIS interview.

Decision:

If your application is approved, you will receive your immigrant visa in your passport (if applying through consular processing) or your green card in the mail (if applying through adjustment of status). If your application is denied, you may have the option to appeal the decision or reapply.

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EB-1A Visa Masterclass:

By Priya Alagiri, ESQ. Founder, The Alagiri Immigration Law Firm

Friday, February 10, 2023, 12 PM, PST on ZOOM

Join me for Part 2 of my EB-1A “Extraordinary Ability” Visa Masterclass! I will discuss the second step of the two-step analysis that USCIS conducts prior to approving an EB-1A application, called the “final merits determination.”







    Learn the Requirements for the EB-1A Extraordinary Ability Visa​

    By Priya Alagiri, ESQ. Founder, The Alagiri Immigration Law Firm

    No Cost EB-1A Master Class


    Stop guessing and start planning. We can help.