To obtain an EB-1A green card, you must have extraordinary ability in the sciences, the arts, education, business or athletics. You must prove that:
To prove that you are extraordinary, you must have either won a top international award (like the Nobel prize) or have 3 out of this list of 10 criteria:
To process EB1A green card petitions, the USCIS often consults with experts in your industry, to decide whether your work is truly extraordinary. Once the individual criteria are met, the USCIS also looks at the petition as a whole to decide if you can be considered extraordinary at your job.
The USCIS maintains a page on EB1A permanent residency where they provide many additional details. You can access the USCIS EB1A webpage here.
While the list looks daunting, our team has helped many clients document their accomplishments to successfully receive green cards through EB-1A.
EB-1A petitions can only be filed with the USCIS in the United States.
EB-1A is a highly preferred category. While other employment sponsored green cards may end up taking over 10 years, the EB1A is very advantageous because the processing is much faster than other categories, and also because you do not need to depend on an employer to file for you:
Proving that our client is at the level of a Nobel prize winner is a tough ask. Only 7 Nobel prizes are given out each year. All other applicants need to prove that they are extraordinary by meeting 3 of the 10 criteria listed above. Below are some of the common issues that EB1A clients face:
EB1A for New Researchers and Applicants without PhDs: While many of our clients are scientists already established in their fields, we also help many many researchers who are just starting their professional journey. When starting a petition for a newly minted researcher the question that we ask ourselves is – How do we prove our client is doing extraordinary work, if they have only been at their job for a few years? Young scientists usually do not have hundreds of research publications. Neither do they have lots of colleagues who have cited our client's research in their own research papers. Besides, when the research has not reached its conclusion, there is no way of predicting what the benefits of the research are going to be.
Most times, our clients work as part of teams that are creating technologies or doing research. Not every client is the project lead or the principal scientist. Many of our clients started work right after their Masters and do not have a PhDs in their fields.
EB1As for Emerging Fields. We also help file EB-1As for non-research positions and emerging fields. In the past 50 years there has been an explosion of new fields. Information Technology, Biotechnology, Medical devices, Fintech are all industries that have existed less than 50 years. There is no one international association or award for these fields. Sometimes, the work being performed may be a mixture of 2 different fields of study. To get the green card approved in such situations, a thorough understanding of the legal criteria and the researcher’s work is needed.
For business-people and entrepreneurs. We also file EB1As for businesspeople and entrepreneurs. In these cases, we need to prove that their companies are doing very well and that their own contribution is absolutely necessary to their companies’ success. Every company may not be on the trajectory to be the next Google or Amazon but many clients at smaller or newer companies have qualified for obtaining their green cards through the EB-1A category.
EB-1A for work in a different field: Even when the field is established, and the applicant has achieved world-wide fame, they may be entering the US to perform a different job. This is particularly true of high-ranking athletes who retire and decide to coach instead of competing, or professors who want to teach instead of researching.
There are a lot of questions that need to be answered to file a successful EB-1A petition. At Immigration Desk, we believe every client has the right to live and work in the US. We take pride in working collaboratively with our clients to get their EB1As approved.
Creating an approvable EB-1A petition is always exciting.
Located in the Northeastern United States, we are in the vicinity of world-class universities and IT, financial, fintech, biotech industries and many entrepreneurial ventures. Many clients from the universities and businesses around us, and from other parts of the country, reach out to us for EB1A evaluation and subsequently, filing the EB1A petition. Since immigration is federal in nature, we also help clients nationwide and from overseas.
Our services include helping scientists, but also recent graduates and businesspeople qualify for EB-1A green cards.
While some clients walk in with extremely strong cases, most cases require us to put on our thinking caps. We take a tiered approach to most EB-1A cases. When you reach out to us for a EB1A evaluation, our attorneys screen your work track and what you wish to accomplish to determine if an EB-1A is the best choice for you. This includes a deep dive into your industry, its current standards, your research project and your contributions to it. For businesspeople, we explore your industry, your products, and your role in your company thoroughly.
Our in-depth review helps us write a winning case for you. In cases where you do not meet the requirements, we help you identify actions that you can take to further build your profile so you will qualify for an EB-1A green card case later. Our attorneys offer practical suggestions backed by a pragmatic understanding of the USCIS officer’s mindset, the reason behind the creation of this EB-1A category, combined with a deep knowledge of business and research.
We believe it only takes an involved attorney with a patient ear to get your EB-1A green card approved. Above we have described some of the common considerations while filing for a EB-1A green card. As attorneys, we believe in helping our clients succeed. It is our privilege to help you create a successful EB-1A petition.
Please contact us to discuss how we can help you obtain permanent residency through a EB-1A filing. We look forward to making immigration easy for you.
My EB1A (green card in the extra-ordinary ability individual category) was filed and approved in 3 months!
I found Anu Gupta after an exhaustive research online, her reviews stood out to me as they all had a common theme that she pays great attention to details and maps out the winning path.
I filed EB1 in Aug 2021 and got i140 approval in early nov 2021 which included an RFE response....
She is absolutely terrific and has an individualistic approach, that’s how she made it happen. She is truly an expert and works for you for the most positive outcome. With great attention to details, she builds the case from every piece of evidence that can be possibly used and her conviction shows. She is available to discuss the details and for planning at each step.
She is the attorney you need on your side for your immigration to be a smooth sail.
I have used Immigration Desk's services for my Green Card. My case was not so straightforward. After getting my I-140 denied, I lost all hope of getting a Green Card. USCIS sent RFE, then a NOID followed by rejection. This was heartbreaking news for me.
Attorney Anu Gupta helped me to get out of this situation by using her knowledge and experience....
I am very much thankful to her for all her effort. I like the way she followed up my case with USCIS and finally got it approved. She kept fighting for my case until it got positive reply.
I have recommended her lawfirm to all my coworkers and friends.
Thank you!!! I can’t find words to say thanks enough for all the help and support we got from Anu Gupta to get my I-140 green card approval.
You were honest, compassionate, thorough, and very knowledgeable....
I believe that Attorney Anu Gupta did an exceptionally good job in putting together a comprehensive package of application forms with many supporting documents. It is because of her thoroughness and insight into the whole process that everything has gone so smoothly with the immigration authorities.
You're a great communicator, and always kept us up to date on the status. Somehow you managed to keep a positive outlook throughout, and never got discouraged in facing adversity and overcoming obstacles.
I would recommend this firm to anyone needing help or advice with their immigration process.