EB1A Processing Time and Steps: Everything You Need to Know

The EB1A visa, a pathway to permanent residency in the United States, is specifically designed for individuals with extraordinary abilities across fields such as sciences, arts, education, business, or athletics. It allows these individuals to self-petition for a green card without needing a job offer or labor certification. 

This blog will explore the EB1A processing time, the steps involved, and the key factors you need to know to navigate the process successfully.

Understanding the EB1A Visa

The EB1A visa stands out as a unique opportunity for individuals who have achieved significant recognition in their fields, whether that recognition is national or international. Unlike many other immigration pathways, the EB1A visa allows applicants to demonstrate their qualifications through various forms of recognition, including awards, publications, and other significant achievements.

One of the key advantages of the EB1A visa is that it does not require an offer of employment from a U.S. employer, nor does it necessitate labor certification. This means that applicants can self-petition, which gives them more control over the application process. However, the burden is on applicants to prove they meet the stringent eligibility criteria.

This flexibility is particularly beneficial for professionals in competitive fields. It allows them to seek residency based on their accomplishments and contributions rather than relying on employer sponsorship. For many, this makes the EB1A visa an attractive option for achieving their immigration goals in the U.S.

Next, let’s look into the criteria for EB1A eligibility.

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

 

 

Criteria for EB1A Eligibility

To qualify for the EB1A visa, applicants must either have a one-time major achievement (such as a Pulitzer Prize, Olympic Medal, or Academy Award) or meet at least three of ten specific criteria. These criteria serve as benchmarks to help determine whether an individual qualifies as possessing extraordinary ability. The criteria include:

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 in a leading or critical role in distinguished organizations
• Evidence that you command a high salary or other significantly high remuneration concerning others in the field
• Evidence of your commercial successes in the performing arts

Gathering the proper documentation and evidence to demonstrate that you meet at least three criteria is critical to the EB1A process. Each piece of evidence plays a role in proving that you possess extraordinary ability. A well-prepared case with comprehensive documentation can significantly enhance an applicant’s chances of success.

Furthermore, let’s see what documents you need to gather.

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

Gathering Evidence and Documentation

The EB1A processing time can be significantly impacted by how thoroughly you prepare your case. Gathering robust and credible evidence is essential to establish your eligibility. Here are some common types of evidence applicants may use:

1. Letters of Recommendation: Obtaining letters from recognized experts in your field can help corroborate your extraordinary ability. These letters detail your accomplishments and contributions, ideally from individuals who are familiar with your work and can speak to your expertise.
2. Awards and Honors: Documenting awards, whether they are globally recognized or esteemed within your specific industry, strengthens your application. This can include certificates, plaques, or any official documentation that verifies the award’s legitimacy.
3. Publications: If you have published articles, papers, or even books in your field, these can prove your thought leadership. Ensure you include copies of these publications and evidence of their impact on your industry.
4. Media Coverage: Any coverage of your work in reputable media outlets serves as external validation of your success. This could include news articles, interviews, or features that highlight your contributions to your field.
5. Expert Witness Statements: Statements from peers who can speak to your impact on your field provide additional support for your case. These statements should be well-articulated and clearly outline your achievements.
6. Leadership Evidence: Demonstrating leadership roles in significant organizations can further reinforce your qualifications. This may include documentation of your responsibilities, contributions, and the organization’s overall significance.

Ensuring this evidence is documented and presented can streamline the process and reduce the EB1A processing time. A robust application can help avoid delays or requests for additional evidence, prolonging the processing time.

Now that you’re geared up with the right documents, let’s dive into the nuts and bolts of the I-140 petition process.

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

Timeline for Form I-140 Petition

The first formal step in the EB1A process is filing Form I-140, Immigrant Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS). This petition demonstrates that you meet the EB1A criteria and are eligible for the visa. The EB1A processing time for Form I-140 can vary, but it takes around 8-12 months on average. You can check the current USCIS Processing times on their website. 

 

It’s crucial to prepare a comprehensive petition to support your claims. The processing time can be affected by various factors, including the caseload of the USCIS service center handling your application and the complexity of your case.

For those who wish to navigate this complex process with confidence, engaging an immigration attorney like Sweta Khandelwal can ensure all steps are correctly followed, reducing the potential for errors or omissions.

Premium Processing for Form I-140

USCIS offers premium processing for those looking to expedite the process. By filing Form I-907 and paying an additional fee of Paper Filing: of $2,805, according to the USCIS G-1055 Fee Schedule.

There is a fee to request this service. If you request premium processing, USCIS guarantees that they will take adjudicative action on the case, as described below, within the time periods described below, or they will refund the premium processing fee.

Form I-140, Immigrant Petition for Alien Worker – adjudicative action to be taken within 15 business days.

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Applicants can receive a decision within 15 calendar days. If USCIS issues a Request for Evidence (RFE), the 15-day clock restarts after the RFE is responded to. This can significantly reduce the overall EB1A processing time, a crucial benefit for many applicants eager to move forward in their immigration process.

Premium processing can be particularly advantageous for applicants who need a swift decision for personal, professional, or immigration-related reasons. However, it is essential to remember that premium processing does not guarantee approval; it only expedites decision-making.

With that in mind, let’s explore what happens after your I-140 is approved, especially if you’re already in the States.

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

Adjustment of Status and Form I-485 Processing

Once Form I-140 is approved, the next step depends on whether the applicant is in the United States or outside the country.

If the applicant is already in the U.S. on a valid non-immigrant visa, they can file Form I-485, Application to Register Permanent Residence or Adjust Status. The processing time for I-485 is typically between 5 to 13 months, depending on the applicant’s location and current backlog. Processing Time frames vary, you can check the processing times on the USCIS website. 

During this stage, applicants can also apply for an Employment Authorization Document (EAD) and advance parole (travel document), which allows them to work and travel while waiting for green card approval.

Processing Time for I-485

It is important to note that the EB1A processing time for Form I-485 can vary based on several factors, such as the applicant’s location and the service center handling the case. Many applicants file Form I-485 concurrently with Form I-140 to save time, though this is only possible if the priority date is current, according to the Visa Bulletin. This concurrent filing can significantly streamline the overall process.

Immigration attorneys like Sweta Khandelwal can offer critical insights into concurrent filing, maximizing efficiency and ensuring all pertinent documents are filed correctly.

But what if you’re tuning in from abroad? Don’t worry; we’ll cover you with consular processing details next.

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

Consular Processing for Overseas Applicants

Consular processing is required for those outside the U.S. during I-140 approval. Once Form I-140 is approved, the case is transferred to the National Visa Center (NVC), which will schedule an interview at the U.S. consulate in the applicant’s home country.

The timeline for consular processing can vary widely, depending on the U.S. embassy or consulate where the applicant will be interviewed. On average, consular processing may take 6 to 12 months, contributing to the overall EB1A processing time.

Preparing for the Consular Interview

Applicants should be well-prepared for the consular interview, a critical step. Key documents to bring include:

1. Approval notice for Form I-140: This proves that the initial petition has been approved.
2. Form DS-260: The application for an immigrant visa must be completed online.
3. Passport and photographs: Valid passports and photographs meet the U.S. visa photo requirements.
4. Supporting documents: Evidence of eligibility for the EB1A category, including letters of recommendation, publications, and any additional documentation that strengthens your case.

It’s essential to review all documentation before the interview and prepare to answer questions about your qualifications and intentions in the U.S.

Considering premium processing? Let’s decide whether it’s the right move for your application strategy.

Premium Processing Option: Worth Considering?

As mentioned, USCIS offers premium processing to expedite the EB1A processing time. For many applicants, paying the $2,805 fee is worth it, as it can reduce the time for an I-140 decision from several months to just 15 days. If your case is robust and well-documented, premium processing can accelerate your path to a green card.

However, even with premium processing, realistic expectations are important. If the petition requires further evidence or clarification, the premium processing clock may reset, prolonging the overall process. Therefore, careful preparation of the initial petition remains essential.

 

 

Conclusion

The EB1A visa is valuable for individuals with extraordinary abilities who wish to pursue permanent residency in the United States. While the processing time can vary based on several factors, understanding the steps involved—from gathering documentation to filing Form I-140 and beyond—can help streamline the process.

Whether considering the self-petition route or using premium processing to expedite your application, thorough preparation and awareness of each stage of the EB1A process are crucial to achieving a successful outcome. By focusing on documenting your extraordinary achievements and ensuring that your application is comprehensive, you can navigate the EB1A processing time with greater confidence and clarity.

For expert guidance on your EB1A visa application, trust Khandelwal Law. With over 18 years of experience, The Law Offices of Sweta Khandelwal is your one-stop shop for all your immigration needs.

Contact Sweta Khandelwal today and get started!

Disclaimer:

Please note that if any 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.