Q: What is extraordinary ability?
A: Extraordinary ability is a level of expertise indicating that you are one of that small percentage of individuals who has risen to the very top of your field of endeavor.
Q: What are the legal standards for EB-1A?
A:Possesses “extraordinary ability” in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation
Seeks to enter the U.S. to continue work in the area of “extraordinary ability” &
Upon entry into the U.S. will substantially benefit prospectively the U.S.
Q: What is so special about EB-1A?
A:Without visa backlog, if application is successful, you will get a green card within 6-8 months after filing
A job offer is not necessary. Self-petition is allowed for this category.
There is no backlog of visa numbers and this is especially advantageous to India and China born applicants.
Q: Who can file a petition under EB-1A?
A: A foreign national can either petition for him or her-self, or if employed, have the employer be the petitioner.
Q: How qualified do I have to be for an EB-1A?
A: You will need to have quantifiable achievements on a national level in order to convince the USCIS officer to approve your case; e.g. you obtained certain national rankings expressed in rankings or percentiles, an exceedingly high number of citations to your articles, and/or other achievements where you were highly ranked.
Q: What is the minimum requirement to obtain approval for an EB-1A petition?
A: The petitioner needs to provide evidence showing that he or she satisfies at least three out of the ten regulatory criteria for the classification, or evidence of a major, one-time award.
Q: What is a typical background for a successful EB-1A candidate?
A: A typical successful EB1A must have at least one of the following accomplishments. This is not the legal standard but it is what we have gathered from representing numerous cases. Remember only one of the following items can indicate a good case, because any of the following achievement can overcompensate any of your other not-so-bright credentials.
- A total of 100 citations of the applicant’s articles
- Awarded a truly national or international award
- Uniqueness about applicant’s background that put you into a reasonably hard-to-find category. For example, you were involved in the basic research of an anti-cancer drug and also is the one that obtained its patent and involved in its clinical trials.
- Your article (non-first author is fine) has been quoted or appraised in such recognition systems as Faculty 2000
There are, however, clients who we represent and do succeed in getting an EB-1(A) approval with only 2 publications and fewer than 10 citations. Usually these applicants are experts in a very exclusive area of research.
Q: What is the difference between a successful EB1A candidate versus a successful EB1B or National Interest Waiver Candidate?
A: The EB-1B and National Interest Waiver have definitely less stringent requirements. If you do not possess any of the ABOVE and you are a decent scholar or researcher, you can apply for EB-1B if you have job offer or a National Interest Waiver if you don’t.
Q: When can I file adjustment of status after EB-1A approval?
A: Except in rare circumstance that visa number backlog occur for EB-1 petitioners, successful applicants for EB1a can file adjustment of status as soon as the petition is approved, which means the green card in hand in just another few months.
Q: What are some the areas can an EB1a applicant do to improve his or her chances?
A: There are a number of things you must do to quickly upgrade your achievements before you apply for EB1A. For example, we always advise our clients to join certain merit-based associations and obtain an opportunity to review article submissions to journals to satisfy some of the legal standards. Further, we also have some customized solutions to present your background in lights most favorable to your case.
Q: What can our law firm do for my case?
A:Determine if you are truly qualified for such qualification and if your specific achievements satisfy the standards set by USCIS
Present your achievements in a clear and concise language using language containing all the key words and phrases USCIS officers will be looking for
Organize and present all documents we know USCIS officers will be looking for
Revise and customize letters of testimonies to make them the most helpful toward your case
Submit your petition in a professional and presentable package and follow-up with USCIS on your behalf if and when necessary
Offer strong rebuttals and analysis in the request for evidence process