If you’re an individual with extraordinary ability in the sciences, arts, education, business, or athletics, the EB-1A visa offers a path to living and working permanently in the United States. But what does the process of filing for an EB-1A visa entail, and how long can you expect it to take? In this post, we’ll break down the key steps and timeline.
Step 1: Determine Your Eligibility
The first step is to assess whether you meet the high bar for EB-1A eligibility. To qualify, you must demonstrate that you have sustained national or international acclaim and that your achievements have been recognized in your field of expertise. You can prove this in one of two ways:
- By providing evidence of a one-time achievement, such as a major international award like a Nobel Prize, or
- By meeting at least three out of ten listed criteria, such as receiving lesser nationally or internationally recognized prizes or awards, authoring scholarly articles, or commanding a high salary.
A thorough eligibility assessment with an experienced immigration attorney can help determine if you have a strong case for an EB-1A visa.
Step 2: Gather Supporting Evidence
Once you’ve determined that you likely meet the EB-1A criteria, it’s time to start compiling your supporting evidence. This is one of the most critical and time-consuming parts of the process.
Some key evidence to gather includes:
- Documentation of prizes or awards you’ve received
- Copies of your scholarly articles and evidence of their citation by others
- Evidence of your membership in prestigious associations in your field
- Testimonial letters from respected experts attesting to your contributions
- Contracts, patents, or licenses demonstrating the commercial value of your work
- Evidence of your high salary, such as tax returns or pay stubs
The evidence should be extensive, credible, and clearly support the criteria you’re claiming. It’s wise to work closely with your attorney to identify the most compelling evidence and organize it effectively.
Step 3: Prepare and File Form I-140
With your evidence compiled, the next step is filing Form I-140, Petition for Alien Worker. This is the form used for all employment-based immigrant visa categories, including EB-1A.
Some key components of the I-140 filing package include:
- Form I-140 itself, filled out accurately and signed
- The filing fee
- Your detailed resume or CV
- A comprehensive cover letter explaining how you meet the EB-1A criteria, referencing your evidence
- All your supporting evidence, properly labeled and organized
Your attorney will typically prepare the I-140 package and file it on your behalf with USCIS. They can also help you decide whether you can file a concurrent I-485 application to adjust your status to permanent residency (if you’re already in the U.S. on another visa) or pursue consular processing (if you’re outside the U.S.).
Step 4: Wait for USCIS Processing
After your I-140 is filed, the waiting game begins. USCIS processing times for EB-1A petitions vary but can range from a few months to a year or more.
If you have an especially time-sensitive case, you may want to consider filing with premium processing. For an additional fee, USCIS guarantees a response within 15 calendar days. That response could be an approval or a request for more evidence (RFE).
If you receive an RFE, don’t panic – it’s an opportunity to strengthen your case by providing additional documentation. You’ll generally have 60-90 days to respond. Your attorney can help you assess the RFE and compile an effective response.
Step 5: Receive Approval - and Your Green Card
If your I-140 is approved, congratulations! You’ll receive an approval notice from USCIS. If you filed a concurrent I-485, you may receive your green card soon after. If you’re going through consular processing, you’ll work with the National Visa Center and your local U.S. consulate or embassy to complete your immigrant visa application.
So, how long does the whole process take? It varies, but a typical timeline might look like:
- 3-4 months to gather initial evidence and file the I-140
- 10-12 months for USCIS to process the I-140 (less if premium processing is used)
All in all, the process can take anywhere from 7 months to over a year – and potentially longer if there are RFEs or other complications. Having an experienced immigration attorney in your corner can help ensure the process goes as smoothly and quickly as possible.
Start Your EB-1A Journey with Alagiri Immigration Law
At Alagiri Immigration Law, we have over 15 years of experience guiding extraordinary individuals through the EB-1A process. We understand the high stakes and unique challenges of these cases, and we know what it takes to build a strong petition.
If you’re considering an EB-1A visa, we invite you to contact us for a consultation. We’ll listen to your story, assess your eligibility, and explain your options. And if we work together, we’ll guide you every step of the way – from strategizing your case and compiling your evidence to filing your petition and monitoring its progress.
Don’t leave your American dream to chance. Contact us today, and let’s start turning your extraordinary achievements into an extraordinary life in the U.S.
