The EB-1A is a green card category reserved for individuals of extraordinary ability in the sciences, arts, education, business, or athletics.

How can I qualify for the EB1A?

To qualify for EB-1A status, you must meet at least three of the ten criteria or provide evidence of a one-time achievement in a major, internationally recognized award (such as an Olympic Medal, Pulitzer, or an Oscar) as well as show that you will continue to work in the field. You must show that you have received national or international acclaim.

What are the ten criteria?

• Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
• Evidence of the alien’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members as judged by recognized national or international experts in their disciplines or fields.
• Evidence of published material about the alien in professional or major trade publications or other major media relating to the alien’s work in the field for which classification is sought.
• Evidence of original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.
• Evidence of authorship of scholarly articles in professional or major trade publications or other major media.
• Evidence that work has been displayed at artistic exhibitions or showcases.
• Evidence of performance of a leading or critical role in distinguished organizations or establishments.
• Evidence of a high salary or other significantly high remuneration in relation to others in the field.
• Evidence of commercial successes in the performing arts, as shown by box office receipts or sales of music.
• If the standards do not readily apply to the alien’s occupation, s/he may submit comparable evidence to establish eligibility.

What does comparable evidence mean?

Comparable evidence is evidence that is not listed in the 10 criteria above. USCIS permits the submission of comparable evidence if any of the criteria does not readily apply to your occupation. USCIS officers must determine whether the criteria is truly applicable to your occupation, and if not, the officers must determine whether the evidence provided is truly comparable to the criteria. However, there is no comparable evidence for the one-time achievement of a major, internationally recognized award.

If I simply meet three criteria, will my case be approved?

No. If you meet the criteria outlined above, you still must convince USCIS officers that the totality of the evidence demonstrates that you are among the small percentage at the very top of your field of endeavor.

This final step is sometimes referenced as the “final merits determination” or Kazarian analysis. The Kazarian analysis makes the adjudication of your case subjective. In other words, you can present sufficient evidence in all categories listed, but the officer can still determine that you are not at the top of the field.

Do I need an employer to file the EB-1A petition for me?

No. You may file an EB-1A petition for yourself without the backing of an employer. Even though filing a self-petition is permitted, it does not mean that you should choose that route. The EB-1A process is complicated and tedious. It is important to have an immigration attorney support you along the way.

Must I live in the USA to file an EB-1A petition?

No. You may file an EB-1A petition if you do not currently live in the USA.

My EB-1A petition was approved. When will I get my green card?

The approval of the EB-1A petition will provide you with the ability to file for adjustment of status to a lawful permanent resident. However, the approval of the I-140 petition alone will not provide you with a green card.

My EB-1A petition was denied. What is my next step?

If your EB-1A petition was denied, you may wish to appeal the denial, refile the case, or have the contents of the submission reviewed. To determine the best strategy for your case, please contact our office to schedule a paid consultation.

Is the EB-1A the same as the O-1A?

No. The EB-1A closely resembles the O-1A non-immigrant category. However, it is important to keep in mind that the O-1A is a temporary, non-immigrant visa while the EB-1A is an immigrant visa that leads to permanent residency. Further, the O-1A visa requires a peer-group consultation while the EB-1A does not. Finally, the EB-1A category has a higher eligibility standard than the O-1A.

Having an O-1A non-immigrant visa does not guarantee that your EB-1A petition will be approved.

How can Stone Oak Immigration help me?

Your eligibility for an EB-1A immigrant visa can be analyzed during a paid consultation. Please contact our Arlington EB-1A Visa Lawyer today!