EB1A Extraordinary Ability Petition

In the complex landscape of employment-based immigration, the EB1A Extraordinary Ability petition stands as an exceptional avenue for individuals possessing extraordinary talents and achievements. This guide aims to provide an in-depth exploration of the EB1A petition, covering its fundamental aspects such as eligibility criteria, benefits in comparison to other employment-based immigration petitions, the petition process, USCIS filing fees, and the case processing timeline.

What is EB1A Extraordinary Ability Petition?

The EB1A category caters to foreign nationals who have demonstrated “extraordinary abilities” in various fields, including sciences, arts, education, business, or athletics. To qualify, the petitioner must demonstrate sustained national or international acclaim and recognition for their extraordinary achievements through extensive documentation.

Eligibility Criteria

To be eligible for the EB1A Extraordinary Ability petition, the petitioner must demonstrate:

1.      They have extraordinary ability in their respective fields through sustained national or international acclaim.

2.      They seek to enter the United States to continue work in the area of extraordinary ability.

3.      Their entry into the United States will substantially benefit the United States in the future.

How Do You Demonstrate Extraordinary Ability?

Extraordinary ability is defined under the federal regulations as “a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor.” It can be demonstrated by either receipt of a major internationally-recognized award such as the Nobel Prize, a Pulitzer Prize, an Academy Award, or an Olympic Medal or at least three of the following ten criteria (or comparable evidence):

1.      Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.

2.      Membership in associations in the field which require outstanding achievement of their members.

3.      Published material about petitioner in professional or major trade publications or other major media.

4.      Participation, either individually or on a panel, as a judge of the work of others in the same or an allied field.

5.      Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field.

6.      Authorship of scholarly articles in professional or major trade publications or other major media.

7.      Display of petitioner’s work at artistic exhibitions or showcases.

8.      Performance of a leading or critical role in organizations or establishment with distinguished reputation.

9.      Commanded a high salary or other significantly high remuneration in relation to others in the field.

10.  Commercial successes in the performing arts.

In addition to meeting the regulatory criteria listed above, the petition must also pass the “final merits determination,” where the USCIS weighs the quality and significance of each piece of evidence presented and considers the petition in its entirety to determine whether it demonstrate that the petitioner has sustained national or international acclaim and that their achievements have been recognized in the field of expertise, indicating that the person is one of that small percentage who has risen to the very top of the field of endeavor.

Benefits Compared with Other Employment-Based Immigration Petitions

The EB1A petition offers distinct advantages over other employment-based immigration categories.

Self-Sponsored:

One of the key advantages of the EB1A Extraordinary Ability petition is that it allows individuals to self-sponsor their petition for permanent residency in the United States. Unlike many other employment-based immigration pathways, which require a job offer from a U.S. employer, the EB1A petition enables highly accomplished individuals to pursue permanent residency independently. This self-sponsorship option provides greater flexibility and autonomy for applicants, empowering them to navigate the immigration process according to their own career goals and timelines.

No PERM Labor Certification Required:

Another significant benefit of the EB1A petition is the absence of the PERM labor certification requirement. Unlike certain employment-based immigration categories that mandate employers to undergo a labor market test to demonstrate the unavailability of qualified U.S. workers for the position, the EB1A petition bypasses this cumbersome step. By eliminating the need for PERM labor certification, the EB1A petition streamlines the immigration process, saving applicants and employers valuable time, resources, and administrative burdens. Also, because the petition is not tied to a specific job offer, EB1A applicants have the freedom to move between employers without jeopardizing their green card process.

No or Shorter Visa Backlog:

For many applicants, especially those from countries with significant visa backlogs in other employment-based immigration categories, the EB1A petition offers a faster pathway to permanent residency in the United States. While the priority date for EB1A may not be current for certain countries, such as India and China, the visa backlog is typically significantly shorter compared to other employment-based immigration categories (such as EB-2 and EB-3). This shorter backlog can significantly expedite the overall immigration timeline for qualified EB1A applicants, allowing them to move closer to achieving their goals of living and working in the United States without prolonged delays.

USCIS Filing Fees

As of February 28, 2024, the USCIS filing fees for an EB1A petition are as follows:

·       Filing Fee for Form I-140: $700

·       Premium Processing Fee (optional): $2805

Effective April 1, 2024, the USCIS filing fees for an EB1A petition will be as follows:

·       Filing Fee for Form I-140: $715

·       Premium Processing Fee (optional): $2805

Petitioners are advised to check the USCIS website or consult with an immigration attorney for the most up-to-date fee information.

Case Processing Timeline

The USCIS processing times for an EB1A petition can vary, depending on factors such as USCIS workload, the complexity of the case, and any requests for further evidence. On average, the processing time for EB1A petitions ranges from 19 – 22.5 months. Premium processing is available for an additional fee, expediting the review process to 15 business days.

Conclusion

The EB1A Extraordinary Ability petition offers a great opportunity for highly accomplished individuals to pursue permanent residency in the United States based on their extraordinary ability and achievements. With benefits such as self-sponsorship, exemption from PERM labor certification requirements, and shorter visa backlogs, EB1A provides a streamlined pathway for qualified applicants seeking to establish themselves in the United States. As immigration policies continue to evolve, staying informed and prepared is essential for maximizing the chances of success in the EB1A petition process. With careful planning and thorough preparation, qualified individuals can leverage the EB1A classification to achieve their immigration goals and contribute their extraordinary talents to the diverse and dynamic landscape of the United States. If you believe you qualify for EB1A or require assistance navigating the application process, please feel free to contact us at info@sandplawgroup.com  Our experienced immigration attorneys can provide personalized guidance tailored to your specific circumstances.