Aliens of Extraordinary Ability (EB-1A)
There are many different types of employment-based green card strategies. These different types are divided into categories. The EB-1A category is reserved for foreign nationals who have “extraordinary ability” in business, science, medicine, information technology, the arts, etc. Extraordinary ability is defined as having reached that top percentage of individuals who are in the upper echelon of their respective field.
There are to ways that a foreign national can prove he/she qualifies for an extraordinary ability green card. First, the applicant can be the recipient of an internationally renowned award such as an Academy Award or a Nobel Prize.
If the foreign national cannot meet this requirement, he/she can still qualify by meeting three of a possible ten alternative extraordinary ability criteria. These criteria are:
- Receipt of lesser nationally or internationally recognized prizes or awards for excellence (such as an award from an international organization in the individual’s field of expertise)
- Membership in associations which require outstanding achievements of their members, as judged by recognized national or international experts in their fields (such as field-specific honor societies)
- Published material in professional/major trade publications or major media about the alien and relating to the alien’s work field (such as newspaper articles, television or radio interviews about the individual’s breakthroughs or accomplishments)
- Participation as a judge (individually or as a part of a panel) evaluating the work of others (such as functioning as an Editor or Articles Reviewer for a scholarly publication)
- Original scientific, scholarly, or artistic contributions of major significance (such as patents)
- Authorship of scholarly articles in professional journals or other major media (such as journals, magazines, books, etc.)
- Artistic exhibitions/shows (such as professional engagements at large or famous venues)
- Leading role within an organization/establishment with a distinguished reputation (such as President of honor societies)
- High salary/compensation for services in comparison to others
- Commercial success within the performing arts (such as ticket sales, performance attendance, etc.)
In order to apply for the EB-1A green card, the individual (typically through an attorney) submits an I-140 Petition to U.S. Citizenship and Immigration Services. This petition includes proof of all of the criteria the individual meets
Advantages of the EB-1A Green Card
The biggest advantage to the EB-1A green card is that the individual does not require a U.S. employer to offer him/her a job position. The individual can apply for the EB-1A all on his/her own. Additionally, in comparison to other employment-based immigration options, such as the widely utilized PERM/Labor Certification process, the EB-1A is the much, much faster route to obtaining a U.S. green card
Importantly, the EB-1A category also allows spouses and unmarried children who are under the age of 21 to accompany the main applicant to the U.S. and receive their own green cards as dependent beneficiaries.
How We Can Help You
At the Callan Law Firm, P.C., our experienced attorneys successfully process hundreds of EB-1A green card petitions every year. We provide top-rate services to our professional clients by drafting all of the necessary documentation, providing a legal memorandum which clearly explains how our clients qualify for the EB-1A, and – upon approval – we guide our clients and their families through the administrative process of obtaining the actual green cards.
Contact our office today to speak to one of our knowledgeable attorneys about how you may qualify for the EB-1A extraordinary ability green card!