EB1A is an immigration visa designed for foreign
nationals of extraordinary ability in the sciences,
arts, education, business, or athletics.
“Extraordinary ability” means that the petitioner is
one of a small percentage who have risen to the
very top of a particular field in the sciences, arts,
education, business, and athletics.
For EB1A petitions, both Labor Certification and
permanent employment offer are not required, so
you can self-petition. Also, the backlog on EB1A is generally “Current,” which means a visa is often available immediately after receiving EB1A approval.
USCIS applies a two-step evidentiary review to evaluate the evidence submitted with the petition to demonstrate eligibility for classification as a person with an extraordinary ability:
STEP 1 (Regulatory Criteria): the petitioner must submit documentation satisfying at least three of the following ten categories:
Documentation of the foreign national’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
Documentation of the foreign national’s membership in an association that requires outstanding achievements of their members, as judged by recognized national or intentional experts in their disciplines or fields.
Published material about the foreign national or his or her work in professional, trade journals, or major media publications. (These items must include title, date, author, and must be translated into English)
Evidence of the foreign person's participation, either on a panel or individually, as a judge of the work of others in the same or a related field.
Evidence of foreign national’s original scientific, scholarly, artistic, athletic, or business-related contributions.
Evidence of foreign national’s authorship of scholarly articles in the field, in professional journals, or other major media. (national newspapers, magazines, etc.)
Evidence of display of the foreign national's work at significant exhibitions or showcases.
Evidence that foreign national has performed in a leading or significant role for organizations or establishments that have a distinguished reputation.
Evidence that the foreign national has received a higher salary or other significantly high remuneration for services.
Evidence of commercial success in the performing arts as shown by box office receipts or sales records, cassette, compact disk, or video sales.
STEP 2 (Final Merits Determination): this step involves an evaluation of all the evidence together to find whether the petitioner has sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise, indicating that the person is one of that small percentage who has risen to the very top of the field of endeavor.
Additionally, the petitioner must intend to continue to work in the area of his or her expertise that would substantially benefit the United States.
I-140 Filing Fee: $700
Premium Processing Fee: $2,500
(If you want to check whether your case is eligible for premium processing, please go to: https://www.uscis.gov/forms/all-forms/how-do-i-request-premium -processing)
Why hire us for EB1A
EB1A requires the highest standard of achievements compared to all other employment-based immigration visas. Many of the above evidences may seem easy to achieve; but in reality, there are numerous nuances for each type of evidence that must be satisfied. Sometimes, the most qualified applicants do not receive approvals due to poor strategy and preparation. On the other hand, an experienced attorney with several years of experience working on EB1A cases can strategize the legal arguments and document collection to effectively avoid issues and respond to USCIS pushback.
At the Law Office of Xiaomin Hu, we have many attorneys and staff with years of experience in EB1A petitions. We provide unique and outstanding immigration services to make a difference for our clients. Each case, either big or small, will be evaluated and handled by an immigration attorney who collaborates with the team to provide top-notch service. We will put ourselves in your shoes and deliver the best result for clients. We provide a compassionate and understanding approach as well as professional immigration knowledge.
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