EB-1(a) Extraordinary Ability Green Card Lawyers in Seattle
Providing Legal Services for Clients Seeking a Permanent Work Visa to the U.S.
The United States provides significant opportunities for professionals who have reached the very top of their field of expertise and wish to come to the country to continue working on their craft while contributing to the progress of the country. Through the EB-1(a) visa program, internationally acclaimed professionals may come to the U.S. to live and work on a permanent basis. However, there are strict requirements to receive this visa. Our immigration attorneys at Stelmakh & Associates, LLC, explain how the EB-1(a) visa works and why hiring an attorney is best to increase your chances of being approved. The legal team at Stelmakh & Associates, LLC, is based in Seattle and can answer all your visa and immigration questions – contact us at 206-558-6288.
What Is the EB-1(a) Visa?
The EB-1(a) Visa is part of the employment-based immigration visa category (EB-1), which is a first-preference visa that is open to foreign nationals with extraordinary ability, outstanding professors and researchers, or certain multinational executives or managers. You must be able to show “sustained national or international acclaim” in your particular field (which can include the sciences, arts, education, business, or athletics).
The EB-1(a) is a subcategory of the first-preference employment visas and is reserved for those who are the best in their field and have received national or international recognition, such as Nobel Prize winners, Oscar recipients, or Olympic medalists. This type of visa grants permanent residency and allows the recipient to receive a green card. This means that if you receive it, you can stay in the U.S. indefinitely under your green card status. If you would like to apply for U.S. citizenship, you may do so after five years of continuous residence as a green card holder.
What Is Considered Extraordinary Ability, and How Do You Prove It?
To qualify for an EB-1(a) visa, an individual must demonstrate that they have “sustained national or international acclaim” in their particular field. This means that they must have achieved a level of excellence that is significantly above the standard level of achievement usually associated with the field.
The individual must also be able to demonstrate that their achievements have been recognized in the form of awards, honors, or other forms of recognition. This could include awards such as Nobel Prizes, Oscars, or Olympic medals. Additionally, the individual must be able to demonstrate that their achievements are of substantial international or national acclaim. The USCIS website contains a complete list of criteria that can be used to prove extraordinary ability for the EB-1(a) visa.
What Are the Advantages of the EB-1(a)?
The EB-1(a) Extraordinary Ability category has a number of advantages, including the ability to apply without having a permanent job offer in the U.S. or providing a labor certification. In addition, it is a relatively quick process because you can file a petition and your application for permanent residency simultaneously (also known as concurrent filing). There is greater flexibility than the labor certification process, and you are able to change jobs sooner. EB-1(a) applicants are allowed to self-petition, which means you may prepare your own application without the signature of someone at the institution or company you are working for.
However, there are also some disadvantages to be made aware of. You must be able to demonstrate extraordinary ability, so being just average or good will not suffice. You need to be prepared to show that you are truly among the best of the best in your field. Sometimes, it can be less predictable than the labor certification process, although this varies greatly from case to case. It may be best to consult an immigration attorney to ensure that you meet all the criteria for the EB-1(a) before applying.
How Can You Apply for an EB-1(a) Visa?
The first step to prepare for the EB-1(a) visa application is to verify that you meet the criteria for extraordinary ability as defined by the USCIS. This means that you must have achieved a level of excellence that is significantly above the standard level of achievement usually associated with the field, and your achievements must be recognized in the form of awards, honors, or other forms of recognition at the national or international level. Next, you will want to gather evidence of your extraordinary ability, which could include proof of having received awards such as Nobel Prizes, Oscars, Olympic medals, or other forms of recognition. Make sure to consult the USCIS website for a complete list of criteria that can be used to prove extraordinary ability for the EB-1(a) visa.
Once you have gathered all the necessary evidence of your achievements, you may file your petition by completing all required forms. In many cases, you can file a petition and your application for permanent residency simultaneously (also known as concurrent filing). You should receive a response from the USCIS – this step may take anywhere from 6 weeks to several months. If your petition is approved, you will be able to stay in the U.S. indefinitely under your green card status and can apply for U.S. citizenship after five years of continuous residence.
The legal team at Stelmakh & Associates, LLC, can assist you with every step of the process of applying for an EB-1(a) visa. Our attorneys have helped countless foreign clients obtain permanent resident status through EB-1(a) visas and are ready to help you as well. Contact our office in Seattle by calling 206-558-6288 to request an initial consultation and learn your options.