At Build Champions, we are dedicated to empowering individuals with extraordinary abilities to pursue their professional dreams in the United States. The EB1A visa is designed for those who have reached the pinnacle of their fields in areas such as arts, sciences, business, education, or athletics. As a nonprofit organization, we provide comprehensive support to help you navigate the EB1A visa process and achieve your goals.
What is the EB1A Visa?
The EB-1A visa is an immigrant visa category for individuals who have demonstrated extraordinary ability in their specific fields. To qualify, applicants must show that they are among the select few who have achieved national or international acclaim and intend to continue working in their field in the United States. One of the key benefits of the EB1A visa is that it allows for self-petitioning, meaning applicants can apply without the need for a sponsoring U.S. company.
Benefits of the EB1A Visa
- No U.S. Company Sponsor Required:
Applicants can self-petition without needing a job offer or sponsorship from a U.S. company. - Exemption from Labor Certification:
The EB1A visa process does not require a Labor Certification, streamlining the path to permanent residency. - Immigrant Visa Status:
Successful applicants are granted immigrant visa status, leading to a green card. - Family Inclusion:
Spouses and unmarried children under 21 can also obtain green cards, allowing them to live and work in the United States. - Eligibility for Premium Processing:
Applicants can opt for premium processing, which accelerates the review of their application.
EB1A Visa Requirements
To qualify for the EB-1A visa, applicants must meet three key criteria:
- Extraordinary Ability:
Applicants must demonstrate extraordinary ability in the arts, sciences, education, business, or athletics. - Intent to Continue Working in the U.S.:
Applicants must show that they intend to continue working in their field of extraordinary ability in the United States. - Substantial Benefit to the U.S.:
Applicants must prove that their work will provide substantial benefits to the United States.
Meeting these criteria involves demonstrating sustained national or international acclaim through major achievements or by meeting at least three of the ten specific evidentiary criteria established by USCIS.
How to Prove Extraordinary Ability
Extraordinary ability can be proven by showing “sustained national or international acclaim.” This can be achieved through:
- One-Time Major Achievement:
A major international award such as the Nobel Prize or an Academy Award. - Meeting at Least Three of Ten Criteria:
These criteria include lesser awards, memberships in prestigious associations, published material about the applicant’s work, judging the work of others, significant contributions, authorship of scholarly articles, artistic displays, leading roles, high salary, and commercial successes.
How to Prove Intent to Work in the U.S.
Applicants must provide evidence of their intent to work in the U.S. in their field of extraordinary ability. This can include:
- Letters from potential employers.
- Contracts with U.S. companies.
- A written statement outlining plans to work in the U.S.
Importantly, a job offer is not required to meet this criterion.
How to Prove Substantial Benefit to the U.S.
While the specific evidence for this criterion is not explicitly detailed, it is generally assumed that working in the U.S. in the area of extraordinary ability will benefit the country. A written statement explaining how the applicant’s work will benefit the U.S. is typically sufficient.
USCIS Evaluation Process
USCIS uses a two-step process to evaluate EB1A petitions:
- Evidentiary Threshold:
USCIS ensures that at least three of the ten criteria are met, evaluating the quality and caliber of the evidence submitted. - Final Merits Determination:
USCIS examines the totality of the evidence to determine if the applicant truly possesses extraordinary ability, assessing whether the individual has sustained national or international acclaim.
Documents Needed for an EB1A Visa
The required documents will vary depending on the applicant’s specific achievements and field, but generally include:
- A resume or CV.
- Copies of passports for the applicant and family members.
- Evidence of extraordinary ability (awards, publications, salary evidence).
- Letters of recommendation.
- Evidence of the type of work to be performed in the U.S. (job offers, contracts, or a written statement).
