EB-1A Lawyer

EB-1A Visa Attorney

The EB-1A Visa offers a pathway for foreign nationals of extraordinary ability to achieve permanent residency in the United States. Ideal for leading researchers, world-class athletes, renowned artists, business people and exceptional professionals in various fields, the EB-1A visa is a unique opportunity to take your career to new heights while experiencing the diversity and vibrancy of life in the U.S.

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What is the EB-1A Visa?

The EB-1A Visa, also known as the “Extraordinary Ability” visa, is a highly prestigious immigrant visa category in the United States. It is designed for individuals who can demonstrate extraordinary ability in the sciences, arts, education, business, or athletics. Recipients of this visa must provide substantial proof of sustained national or international acclaim and their outstanding achievements must be recognized in their field through extensive documentation. Unlike other visa categories, the EB-1A does not require a job offer or labor certification, giving a significant advantage to those who qualify.

EB-1A Visa Regulations

The person applying, or the petitioner, is applying under the category of an individual with extraordinary ability as designated by the US Regulations. This particular regulation stipulates that a visa can be issued to a foreign national if the following conditions are met:

  • The individual possesses extraordinary ability in the fields of sciences, arts, education, business, or athletics.
  • The individual’s achievements, demonstrated by sustained national or international acclaim, are recognized in their field through extensive documentation.
  • The foreign national intends to enter the U.S. to continue work in their area of extraordinary ability.
  • The entry of the foreign national into the U.S. will prospectively provide substantial benefits to the United States.

Therefore, the EB-1A visa application process involves proving these points to secure successful petition approval.

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Who is Eligible for this Visa?

Eligibility for the EB-1A Visa is determined through the following criteria:

The individual should hold a significant record of extraordinary ability. This is usually determined by a one-time achievement, such as a major internationally recognized award.

If there is no such award, then evidence should be provided for at least three of the following:

  • Receipt of lesser nationally or internationally recognized prizes or awards for excellence.
  • Membership in associations in the field which demand outstanding achievement of their members.
  • Published material about the individual in professional or major trade publications or other major media.
  • The individual has judged the work of others, either individually or on a panel.
  • The individual has made original scientific, scholarly, or business-related contributions of major significance in the field.
  • The individual has authored scholarly articles in professional or major trade publications or other major media.
  • The work of the individual has been displayed at artistic exhibitions or showcases.
  • Performance of a leading or critical role in distinguished organizations.
  • The individual commands a high salary or other significantly high remuneration in relation to others in the field.
  • Commercial successes in the performing arts, proven with box office receipts, records, video sales, or related proof.

How to Apply for the EB-1A Visa

Applying for an EB-1A Visa requires a complex and detailed process. It is highly recommended to seek professional legal assistance from an experienced immigration attorney. An immigration attorney can help collect, compile, and organize evidence of eligibility, as well as provide insight into relevant case law and legal issues. An immigration attorney can also provide representation and advice throughout the entire application process, from filing to any appeals necessary.

Applying for an EB-1A Visa involves several steps, which can be broken down as follows:

Assess Eligibility: Determine if you meet the stringent eligibility requirements of the EB-1A visa. This includes demonstrating extraordinary ability in your field of expertise.

Compile Documentation: Gather all necessary documentation that evidences your extraordinary ability. This could include awards, media coverage, contributions to your field, and more.

Prepare Application: Fill out the required immigration forms, including Form I-140, the Petition for Alien Workers. Be sure to include all necessary supporting documentation.

Submit Application: Submit your completed petition, along with the required filing fee(s), to the appropriate U.S. Citizenship and Immigration Services (USCIS) office.

Wait for Decision: Once your application is submitted, you will need to wait for a decision from USCIS. This can take several months, unless the case is filed under premium processing.

Please note the EB-1A visa application process can be complex and challenging. It is strongly recommended to seek the assistance of an experienced immigration attorney throughout this process.

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What are the Benefits of an EB-1A Visa?

The EB-1A Visa offers several distinctive benefits, including:

No Job Offer or Labor Certification Required: Unlike many other visa categories, the EB-1A does not necessitate a job offer or labor certification, offering more freedom for self-petition.  However, if you don’t have a job offer, you must prove to USCIS that you will be working in your field of endeavor.

Premium Processing: EB-1A visas fall under the first preference category of employment-based immigration, which typically results in faster processing times.

Direct Path to Green Card: The EB-1A visa is a direct path to a Green Card, allowing individuals to become permanent residents of the United States.

Eligibility for Dependents: Spouses and children under 21 years of age can also be eligible for Green Cards.

International Recognition: Receiving an EB-1A green card is a testament to the individual’s extraordinary skills and contributions, leading to worldwide recognition in their field.

The Role of an EB-1A Attorney

An EB-1A attorney plays a crucial role in guiding applicants through the intricate process of applying for an EB-1A visa. They not only help determine eligibility but also assist in compiling, organizing, and presenting the necessary documentation to establish extraordinary ability. A well-versed EB-1A attorney is familiar with the nuances of immigration law, as well as knowledgeable about the relevant USCIS EB1 policies, and can provide valuable insights that maximize the chances of visa approval.

How Our EB-1A Attorneys Can Help

Our EB-1A lawyers can provide assistance and guidance in numerous ways:

Eligibility Assessment: We thoroughly evaluate your qualifications to confirm your suitability for the EB-1A visa.

Documentation Preparation: Our team helps gather, organize, and present all necessary documentation that verifies your extraordinary ability.

Application Process: We guide you through the meticulous process of filling out immigration forms and ensure that all necessary supporting documentation is included.

Submission and Representation: Our attorneys not only assist in submitting your application to the appropriate USCIS office but also represent you in any procedural interactions.

Appeal Assistance: If your application is denied, we can provide advice and representation for any necessary appeals.

Continued Support: We remain at your service for any further immigration-related queries and post-visa support.

Remember, having professional legal assistance can drastically increase the chances of a successful application.

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Your Trusted EB-1A Attorneys

Pursuing an Extraordinary Ability green card is a significant investment in your future and should not be undertaken without experienced legal guidance. At Bashyam Global LLP, our trusted EB-1A attorneys and legal team are committed to helping you navigate the complex application process, ensuring you present a strong case. We are dedicated to your success and will work tirelessly to help you achieve your dream of living and working in the United States. Contact us online or call us at 919-833-0840 to begin your EB-1A visa application journey.

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