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Immigration Has No Borders
Frequently Asked Questions on EB-1A Visa Category
What is the EB-1A visa category?
The EB-1A visa category is reserved for individuals with extraordinary ability in the sciences, arts, education, business, or athletics who wish to immigrate to the United States to continue their work in their field of expertise.
To be eligible for an EB-1A visa, an individual must demonstrate extraordinary ability in their field through sustained national or international acclaim. They must provide evidence of their achievements and recognition in the form of awards, publications, memberships, or other relevant criteria.
The criteria for demonstrating extraordinary ability include:
Receipt of major awards or prizes.
Membership in associations that require outstanding achievements.
Published material about the individual's work.
Participation as a judge of the work of others.
Original contributions of major significance in the field.
Evidence of the individual's work being displayed or showcased.
High salary or remuneration in relation to others in the field.
Yes, individuals with extraordinary ability can self-petition for an EB-1A visa without the need for an employer sponsor. They must demonstrate their eligibility through the submission of evidence of their achievements and recognition in their field.
While there is no specific list of required documents, individuals applying for an EB-1A visa typically submit evidence such as awards, publications, media recognition, letters of recommendation from experts in their field, and other relevant documentation to support their petition.
Processing times for EB-1A petitions can vary depending on factors such as the volume of applications, the complexity of the case, and the USCIS service center processing the petition. Generally, it can take several months to over a year for an EB-1A petition to be processed.
Yes, individuals applying for an EB-1A visa can include their spouse and unmarried children under the age of 21 as derivative beneficiaries on their petition. Each family member must meet the eligibility criteria for derivative benefits under the EB-1A category.
Once USCIS approves the EB-1A petition, the individual may be eligible to apply for adjustment of status (Form I-485) if they are in the United States, or they may need to apply for an immigrant visa at a U.S. embassy or consulate abroad if they are outside the United States.
Yes, individuals have the option to appeal a denial of their EB-1A petition to the Administrative Appeals Office (AAO) if they believe that the denial was incorrect or unjustified.
Yes, individuals with approved EB-1A petitions may be eligible to apply for a green card through employment-based immigration pathways, either through adjustment of status in the United States or through consular processing abroad.
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