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Expediting your Green Card: EB-1A Visa for Engineers

EB-1A Visa for Engineers

The EB-1A visa for engineers is a way to fast track your green card process. The EB-1A, or the “Extraordinary Ability” visa, is an employment-based immigrant visa allowing non-citizens with extraordinary abilities to obtain permanent residency in the US. It is a streamlined pathway to permanent residency for those who have reached the top of their respective fields, which includes engineering and other STEM fields.

Talented engineers are making enormous accomplishments in such fields as artificial intelligence, cybersecurity, robotics, biotechnology, and mechanical systems, especially here in the San Francisco Bay Area. You may qualify for the EB-1A visa for engineers if you are one of these exceptional engineers. 

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EB-1A Visa for Engineers Success Stories

EB-1A Visa for Engineers: Success Stories

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What are the Benefits of the EB-1A Green Card?

The EB-1A visa route offers numerous advantages compared to other employment-based green card visa categories. Here are a few of the benefits:

Self-Petition: This green card visa does not require an employer or job offer. This means that you can petition yourself for your green card.

No Labor Certification: The PERM Labor Certification application, which tests the job market for qualified U.S. citizens, is not required. Eliminating the labor certification process potentially shaves years off your EB-1A timeline.

Family: You may include your spouse and unmarried children under age 21 in your EB-1A visa application. They will also receive green cards, so they can work or study in the U.S. without restrictions.

This visa is particularly advantageous if you are an engineer born in India (i.e., an Indian citizen). The typical wait times for Indians applying for a green card through the EB-2 or EB-3 visa categories can be more than 10 years.

While the advantages are numerous, the EB-1A visa is highly competitive.

"Working with Priya Alagiri and her team for my Green card application was a success. They were efficient and transparent every step of the way. Totally recommend their legal counsel for any immigration topics."

Who Qualifies for the EB-1A Visa?

How Can I Qualify as an Engineer?

EB-1A visa petitions require substantial documentation proving your abilities. If you are applying as a software engineer, mechanical engineer, aerospace engineer, or related, there are specific ways you can showcase your abilities. Below are some examples tailored for the EB-1A visa for engineers.
    • Patents: Highlight any patents you hold for innovative engineering solutions or technological advancements. These patents show your ability to contribute to progress in your field.
    • Contributions to Open-Source Projects: Active participation and significant contributions to open-source projects demonstrate your engineering expertise and collaboration skills.
    • Leadership Roles: Holding leadership positions in your organization or team shows your ability to lead and manage projects effectively.
    • Presentations: Presenting at conferences, industry events, or seminars demonstrates your expertise and thought leadership and influence in the field.
    • Compensation: Having a high total compensation package in your field shows that you are highly valuable in your organization.
    • Significant Contributions to Industry Standards: Developing or improving industry standards demonstrates your influence and expertise in shaping the engineering landscape.

    • Successful Projects: Highlighting projects where you played a pivotal role in delivering successful outcomes provides concrete evidence of your exceptional abilities.
    • Recommendation Letters: Testimonial or support letters from others in the field demonstrate the influence and impact you have in the field.
It is crucial to present these documents and achievements in a well-organized and coherent manner, clearly demonstrating the extraordinary abilities of the engineer in the field.

Are Citations Required?

The short answer is no.

In the field of engineering, it is not  typical to publish papers in  journals compared to researchers in more traditional scientific disciplines. Accordingly, citations are not required for a successful EB-1A visa petition.  Engineering is more application-oriented, and industry-focused compared to academic research.

However, while engineers may not typically publish papers,  they may showcase their expertise and advancements through other means such as open-source projects, technical blog posts, whitepapers, conference presentations, and documentation. These forms of dissemination are highly valued in the  engineering community and can serve as compelling evidence of extraordinary ability when applying for an EB-1A visa.

Navigating the Process

The EB-1A visa application is a complex process, and you should work with an immigration lawyer that not only has extensive experience handling EB-1A applications, but also experience handling such applications for engineers specifically. Working with your immigration lawyer, you must complete the following steps:

Step 1: Review and sign the Form I-140 prepared by your immigration lawyer.

Step 2: Write a check for the USCIS filing fees. Make sure to write the name and amount accurately on the check, as USCIS will reject applications with mistakes on the checks.

Step 3: Review carefully the EB-1A visa support letter that your immigration lawyer prepared. This support letter explains in detail how you meet the eligibility criteria for the EB-1A visa. Also review the evidence and documentation that will be included with the letter. This letter with its supporting documentation is the most vital part of your application.

The USCIS will process your application once your Form I-140 is received. You should get a notice confirming your petition was received. After analyzing the application, the USCIS will either approve your application or will send a Request for Evidence.

How Long Is the Process?

Processing times for USCIS to process an EB-1A visa petition varies, depending on the volume of applications in the queue, the accuracy of your application, and (if) the USCIS requires further evidence.

On average, though, the USCIS processing time for an EB-1A petition (Form I-140) is 12+ months. However, for an additional filing fee, you can request Premium Processing, which means that USCIS will process your Form I-140 petition within 2 weeks.

Tip: Want to cut down on your processing time? Work with an experienced immigration attorney who can help you navigate the process and ensure your application is as strong as possible.

How Alagiri Law Can Help

Your immigration lawyer is a valuable asset who will guide you through the visa application process. Here are some ways the Alagiri Immigration Law Firm can help.

  • We will guide you on what documentation to provide so that your case is presented in the strongest light.
  • We will address any issues or concerns with your application.
  • We will serve as your advocate in front of USCIS. 

If you believe you qualify for the EB-1A visa for engineers, call 650-383-4306 or click here to start your immigration journey today.