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EB1A Extraordinary Ability Green Card Immigration Attorney

The EB1A visa, often called the “Extraordinary Ability” green card, is one of the most prestigious and sought-after pathways to permanent residency in the United States. Unlike other visa categories, the EB1A green card does not require a job offer or labor certification, making it an attractive option for individuals at the top of their field. But while the process offers many benefits, it has challenges. This is where an experienced EB1A green card attorney comes into play. An immigration attorney can provide invaluable guidance throughout the application process, ensuring applicants have the best chance of success.

In this comprehensive guide, we will explore everything you need to know about the EB1A green card, from understanding eligibility criteria to the role of an EB1A green card attorney. By the end of this blog, you will have a clearer understanding of securing an EB1A green card and the critical role an immigration attorney can play in your journey.

Understanding the EB1A Visa for Extraordinary Ability

The EB1A visa is designed for individuals who have risen to the top of their field in the arts, sciences, business, athletics, or education. Unlike other employment-based visas, the EB1A does not require a permanent job offer in the U.S., which gives applicants greater flexibility. However, the bar is set high: applicants must demonstrate extraordinary ability through sustained national or international acclaim. This category is reserved for those among the small percentage of professionals who have achieved significant recognition in their field.

An experienced EB1A green card attorney can help identify whether you qualify under this category. Some examples of individuals who might qualify for the EB1A include Olympic athletes, Nobel laureates, internationally recognized actors or directors, and top business executives.

Now that you know who’s in the running for this prestigious visa, let’s dive into what makes you eligible.

Also Read: How hard it is to get an EB-1A Green Card

Eligibility Criteria and Evidence Required

The eligibility criteria for the EB1A green card are strict, and applicants must meet several specific requirements. To qualify, applicants must demonstrate extraordinary ability in their field through sustained acclaim and recognition. This can be shown in two ways:

Criteria for Demonstrating Extraordinary Ability

To demonstrate you have sustained national or international acclaim and that your achievements have been recognized in your field of expertise, you must either include evidence of a one-time achievement (major internationally-recognized award) or 3 of the 10 listed criteria below (or comparable evidence if any of the criteria do not readily apply):

  • Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
  • Evidence of your membership in associations in the field which demand outstanding achievement of their members
  • Evidence of published material about you in professional or major trade publications or other major media
  • Evidence that you have been asked to judge the work of others, either individually or on a panel
  • Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
  • Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
  • Evidence that your work has been displayed at artistic exhibitions or showcases
  • Evidence of your performance of a leading or critical role in distinguished organizations
  • Evidence that you command a high salary or other significantly high remuneration about others in the field
  • Evidence of your commercial successes in the performing arts

Meeting the EB1A green card requirements can be challenging, but working with an EB1A green card attorney can significantly enhance your chances. An experienced attorney can assist you in collecting and presenting the necessary evidence to demonstrate your extraordinary ability.

Got your checklist ready? Let’s see what the application process entails.

Also Read: How To Apply for a Marriage Green Card in the United States? A Step-by-Step Guide

The Application Process for an EB1A Green Card

The application process for the EB1A green card is complex and involves several steps. Here’s an overview:

  • Filing Form I-140 (Immigrant Petition for Alien Worker): The first step in the EB1A green card application is to file Form I-140 with U.S. Citizenship and Immigration Services (USCIS). This petition must include substantial evidence that the applicant meets the eligibility criteria outlined above. An EB1A green card attorney can help ensure all the necessary documentation is submitted and the application is as strong as possible. The Filing Fee of this Form is  $715 plus additional fees.
  • USCIS Review and Approval: Once Form I-140 is submitted, USCIS will review the application to determine whether the applicant meets the requirements for the EB1A green card. If the petition is approved, the applicant can move on to the next step in the process.
  • Filing Form I-485 (Application to Register Permanent Residence or Adjust Status): After the I-140 is approved, the applicant can file Form I-485 to adjust their status to permanent resident. If the applicant lives outside the U.S., they must go through consular processing, which involves attending an interview at a U.S. embassy or consulate in their home country. The Filing Fee is $1,440 plus additional fees.
  • Receiving the Green Card: Once the I-485 is approved, the applicant will receive their green card, granting them permanent residency in the U.S.

Having an EB1A green card attorney by your side can make a significant difference throughout this process. Immigration laws are complex and ever-changing, and an attorney can help you navigate the process, avoid potential pitfalls, and ensure that your application is as strong as possible.

But wait, why is having an attorney on your team so crucial? Let me break it down for you.

Also Read: I-485, I-130, I-864, and I-765 Forms Experience for Green Card Through Marriage

Role and Importance of an Immigration Attorney in EB1A Applications

The role of an EB1A green card attorney is critical in ensuring the success of your application. Given the stringent criteria and the detailed evidence required, understanding the EB1A green card process without legal assistance can be overwhelming. Here’s why having an immigration attorney is so important:

  • Assessing Eligibility: Before applying, an EB1A green card attorney can determine whether you meet the criteria for extraordinary ability. They can help you identify strengths in your background that qualify you under the EB1A category and advise on areas that may need additional work.
  • Compiling Evidence: One of the most challenging aspects of the EB1A application is gathering the necessary documentation to prove extraordinary ability. An experienced attorney can compile evidence to satisfy USCIS requirements and present it compellingly.
  • Ensuring Compliance: The U.S. immigration system is complex and full of technical rules and regulations. An EB1A green card attorney will ensure that your application complies with all relevant laws and regulations, reducing the likelihood of delays or denials due to errors.
  • Responding to RFEs (Requests for Evidence): If USCIS requests additional evidence (RFE), an EB1A green card attorney can help you respond appropriately, providing the documentation needed to strengthen your case.
  • Guiding You Through the Process: The EB1A green card process involves multiple steps, and an attorney can guide you through each one, helping to avoid common mistakes and ensuring that your application moves forward smoothly.

Working with an EB1A green card attorney significantly increases your chances of obtaining approval and securing your green card.

With the right legal support, let’s check out the perks that come with this green card.

Also Read: Concurrent Filing of Form I-130 and I-485 for Green Card Application

Benefits of the EB1A Green Card

The EB1A green card comes with several unique benefits that make it one of the most attractive options for individuals with extraordinary abilities:

  • No Job Offer Required: Unlike many other employment-based visas, the EB1A green card does not require a job offer or labor certification, allowing applicants more flexibility in where they work and live.
  • Faster Processing: The EB1A green card is in the first preference employment-based category, meaning applicants often experience shorter wait times than other visa categories. 
  • Permanent Residency for Family Members: The EB1A green card extends to the applicant’s spouse and unmarried children under 21, granting them permanent residency.
  • Path to Citizenship: Once an EB1A green card holder has lived in the U.S. as a permanent resident for five years, they can apply for U.S. citizenship.

For those who qualify, the EB1A green card offers a fast and flexible route to permanent residency in the U.S., and working with an EB1A green card attorney can help ensure the process goes smoothly.

Also, if you’re wondering about how it affects your loved ones, here’s what you need to know.

Also Read: Filing an I-130 for Spouse Green Card Process and Procedures

Considerations for Spouse and Family Members

One significant benefit of the EB1A green card is that it extends to the applicant’s family. Once the principal applicant’s green card is approved, their spouse and unmarried children under 21 can apply for permanent residency. This is done through the filing of derivative I-485 applications.

While family members do not need to meet the extraordinary ability criteria, they must submit the necessary forms and documentation to obtain their green cards. An EB1A green card attorney can help ensure all applications are correctly filed, and family members can get their green cards without unnecessary delays.

Now, about the expenses—let’s talk numbers.

Cost Considerations for EB1A Green Card Applications

The cost of applying for an EB1A green card can vary depending on several factors, including legal fees, USCIS filing fees, and other related expenses. Here’s a breakdown of the primary costs involved:

  • USCIS Filing Fees: The filing fee for Form I-140 is currently $715, while the fee for Form I-485 is $1,440. Additionally, applicants may need to pay for biometrics services, which cost $85.
  • Legal Fees: The cost of hiring an EB1A green card attorney can vary significantly depending on the attorney’s experience and the case’s complexity. On average, legal fees for EB1A applications range from $5,000 to $10,000, but complex cases may require higher fees, we offer low competitive fees.
  • Other Costs: In some cases, applicants may need to obtain translations of documents, expert letters, or other evidence, which can incur additional costs.

While the cost of applying for an EB1A green card can be substantial, it’s important to remember that working with an experienced attorney can significantly increase your chances of success. Investing in an EB1A green card attorney is often well worth the cost, as it can help avoid costly mistakes and delays in the application process.

Conclusion

Securing an EB1A green card is a prestigious opportunity for individuals with extraordinary abilities to gain permanent residency in the U.S. The complex application process requires detailed evidence, making working with a skilled EB1A green card attorney essential. By understanding the requirements and preparing a compelling case, you can increase your chances of success and start your journey toward permanent residency without needing a job offer or labor certification. 

Take the first step toward your future today by consulting an experienced EB1A green card attorney like Sweta Khandelwal in the Heart of Silicon Valley, California, who can help you achieve your immigration goals. The Law Offices of Sweta Khandelwal has a professional team can guide you through every step, from assessing your eligibility to responding to additional evidence requests.

Contact The Law Offices of Sweta Khandelwal today, and let us help you achieve your immigration goals.

Disclaimer

Please note that the prices listed for visa services are estimates and may vary in real-time. We recommend consulting the official government websites or other authoritative resources for the most up-to-date pricing information. These estimates do not constitute a guarantee of costs, and fees may change without notice.

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Sweta Khandelwal

Sweta completed her Masters in Law from the University of California, Los Angeles and her JD from the Faculty of Law, Delhi University in India and has been practicing law for 15+ years getting visas, green cards, and citizenship for 1000+ clients, 100+ companies across 50+ nationalities.

Sweta has been recognized as a ” Super Lawyer, Rising Star,” and as amongst the ” Top 40 under 40″ immigration attorneys in California (American Society of Legal Advocates). She is also the recipient of the Advocacy Award by the American Immigration Lawyers Association.

Sweta is also a chartered accountant — the equivalent of a CPA. This makes her uniquely positioned to understand the immigration needs of her business clients in the broader context of their corporate objectives.

Sweta is actively involved with immigration issues and immigrant communities in various capacities. She has assumed key roles at the American Immigration Lawyers Association (AILA), both at the local and national level. She has been a past chair at the Santa Clara Valley Chapter at AILA and has also been involved in various practice area committees at AILA National. Sweta has addressed multiple conferences/forums in the United States and worldwide on immigration and business issues.

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