EB-1A: Exceptional Ability

Experienced Attorney for EB-1A Visa - Princeton, NJ

When it comes to filing for an EB 1 visa or citizenship, careful planning, early preparation, and seeking the assistance of a qualified green card attorney can all help to ensure a smooth immigration procedure. Inderjit K. Sidhu Esq. LLC, our immigration law office in New Jersey, has assisted many clients in finding solutions to immigration law issues.

Basic Info You Need to Know About EB-1 Visa/Green Card: Exceptional Ability in 2022

This EB-1a “extraordinary ability” visa category is available to foreign nationals who possess exceptional skills in the arts, sciences, education, business, or athletics and who have received extensive national or international acclaim. A permanent residence visa may be granted to the subject of this immigration petition if they can show that they have extraordinary talent and:

  1. They desire to continue working in the exceptional talent industry; and
  2. Their entry will be highly advantageous to the US (specifically those with an advanced degree)

After five years of being a lawful permanent resident, one may be a candidate for American citizenship.


What is an EB-1a “Exceptional Ability” Visa?

EB-1a is for individuals who have excelled at the pinnacle of their field. The Princeton green card attorney at Inderjit K. Sidhu Esq. LLC can assist you in figuring out whether you fall under one of the EB-1 categories.


EB-1a “Exceptional Ability” Advantages

  • No requirement for approved labor certification or for the employment opportunity to be promoted to American workers.
  • The waiting period for EB-1a is faster than the waiting period for green card
  • A green card holder’s spouse and any minor children may also be admitted to the country as immigrants with the E-14 or E-15 status.
  • Compared to the labor certification process, there is more flexibility that allows job changes as soon as possible.


Qualification to be an EB-1a Visa Holder

Evidence of Extraordinary Ability

If you’ve won a significant, globally renowned prize (such as the Nobel Prize, an Olympic medal, and others), immigration law recognizes that as sufficient to prove extraordinary ability.

If you don’t have such an accolade, you must have at least three of the following:

  • Being recognized for an outstanding achievement that has gained foreign national or international attention;
  • Belong to a group related to the classification that, in the opinion of regional, national, or international authorities in the discipline or field, requires its members to perform exceptionally well;
  • Articles regarding their personal affairs, such as their field of work that have appeared in each published material;
  • Evaluating the work of others in the field either individually or as a panelist;
  • Significant contributions to scholarship, science, or business;
  • Authorship of scholarly articles appearing in reputable journals or important media;
  • Participate currently or in the past in a critical position for organizations and businesses with a solid reputation; or
  •  Getting acknowledged by receiving a high income or some other form of payment for services in the past or the future.

USCIS I-140 Petition Form

To qualify for the majority of other employment-based green card categories, you must have a job offer from an American employer.

The fact that obtaining a PERM labor certification requires that firm to go through a rigorous hiring procedure, which can considerably lengthen the time it takes to complete your green card, the EB 1A petition does not need a PERM labor certification or a job offer from a U.S. business, is one of its key advantages. Instead, the applicant might use the USCIS I-140 form to submit a “self-petition.” This is among the quickest ways to get an EB 1A green card and permanent residency.

USCIS I-485 Application

You must file your I-485 Application to Register Permanent Resident or Adjust status to move to EB-1A once your I-140 has been granted. You will formally be a resident of the United States with legal permanent status if the USCIS grants this application.

No immigration procedure is simple, and there are frequently numerous steps and extensive documentation to complete stated by the immigration court. At Inderjit K. Sidhu Esq., our skilled immigration lawyers in Princeton, New Jersey, can help. LLC can offer solid legal counsel and direction throughout the challenging immigration and visa application processes. The fact that we have a high success rate and have been in the business for a long time proves that we are the finest attorneys to handle your case.


EB-1A Green Card Application Process Period

The accelerated processing time of the EB-1A (extraordinary ability green card) is another priceless advantage. Other green card categories have backlogs that can lengthen the waiting period, requiring an employer to undergo the PERM procedure.

Your priority date is the day your I-140 petition is filed. The Department of State of the United States publishes an immigrant visa bulletin each month, including the “final action dates” for that specific month. A priority worker can submit your I-485 application and receive an immigrant visa number if your prior schedule conflicts with your country’s final action date.

The EB1 visa priority dates tend to be current, in contrast to several other green card categories that require applicants to wait several years.
Dates, however, can go backward. To be sure, make sure to read the most recent bulletin.

Your I-140’s processing time will be greatly influenced by the volume of cases that the service center is handling. But often, it lasts for around six months. But once more, if you find this too lengthy, you can choose premium processing.

With this USCIS service, you can speed up the processing of your petition to 15 calendar days for a charge. The USCIS will reimburse your premium processing charge if it misses this deadline.

With all the complexities brought by immigration law, a trusted Princeton immigration lawyer can help you understand the citizenship and naturalization process as it applies to your situation. Call us to schedule a consultation on your immigration case.


EB-1a: Breakdown of the Fees

Within the U.S. (Change of status)

    • I-140 basic filing fee: $460
    • I-485 fee: $750-1,140. This fee changes depending on your age. See this chart to find out where you stand.
    • Biometrics fee (if applicable): $85
    • Premium processing fee (optional): $1,440

Outside the U.S. (Consular Processing)

    • I-140 basic filing fee: $460
    • DS-260 fee: $230
    • Affidavit of Support fee: $88
    • Biometrics fee (if applicable): $85
    • Premium processing fee (optional): $1,440


Frequently Ask Questions Regarding EB-1a Green Card

How long does an EB-1A take?

Although backlogs may result in longer EB-1A processing times for you, the typical turnaround time for an EB-1a petition is eight months. However, USCIS will issue a permanent residence card roughly six months after approving an I-140.

Does Immigration Allow Relatives to Escort Me with an EB 1a visa?

Your spouse and any unmarried children under the age of 21 may be allowed into the country under the E-14 or E-15 immigration status if USCIS approves your I-140 petition.

Having a Green Card or becoming a citizen of the US and submitting an immigration petition to the US is another key to bringing a family member to the US.


Disadvantages of Getting an Extraordinary Ability Visa

  • You must attain exceptional ability in every field-that sometimes could be stressful and depressing. Well, let’s add the fact that not everyone could be qualified for this.
  • Even while the labor certification procedure isn’t always highly predictable, it can be less predictable than cases filed through that method.


Seek Legal Counsel Now!

The ability to present data and documentation that unequivocally demonstrate your extraordinary ability and/or that you have won medals and awards abroad is crucial when applying for an EB-1 visa. Inderjit K. Sidhu Esq. LLC has been part of many immigrants’ success stories; allow us to help with yours!

Although you can apply for an EB-1 visa on your own, it is crucial to have legal counsel to guide you through the procedure. Allow our Princeton, New Jersey, green card law firm to assist in your immigration journey. Call our experienced immigration attorney to help solve your immigration matters!