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Who Is Eligible For An EB-1A Visa?

An Experienced Lawyer For A Complex Legal Process

The EB-1A visa (Persons of Extraordinary Ability) is a category of business visa available to foreign nationals who:

  • Have demonstrated extraordinary ability in sciences, arts, education, business or athletics, and whose achievements in the field have sustained national or international acclaim and documented extensively;
  • Seeks entry to the U.S. to continue work in the chosen field of extraordinary ability; and
  • Can prove their entry will substantially benefit prospectively the U.S.

How Does One Apply For An EB-1A Visa?

Unlike other visas in the EB-1 category, the EB-1A visa doesn’t require a job offer for the petition. You, the applicant, may “self-petition.” As mentioned before, you must be able to demonstrate sustained national or international acclaim and prove your achievements have been recognized in your chosen field of endeavor.

Evidence shall include either:

(1) A one-time achievement, such as a major award recognized globally (e.g. Nobel Prize, Olympic Gold Medal, Academy Award); or

(2) Documentation of any three (3) of the following:

  • Receipt of lesser nationally or internationally recognized prizes or awards for excellent performance in chosen field of endeavor
  • Membership in an association in the field for which classification is sought. This requires outstanding achievement of the association’s members, as judged by recognized national or international experts.
  • Published material about you, the applicant, in professional or major trade publications or other major media. The published materials should relate to your work in the area of extraordinary ability or for which classification is sought. Presented evidence should include the title, date, and author of the material, as well as necessary translations.
  • Participation as a judge of the work of others
  • Evidence of your original scientific, scholastic, artistic, athletic, or business-related contributions that are of major significance
  • Authorship of scholarly articles in the field or in major trade publications
  • Artistic exhibitions or showcases
  • Performance in a leading or vital role for organizations or establishments that have distinguished reputations
  • High salary or remuneration for services, in relation to others in the field
  • Commercial success in the performing arts. Evidence could be in the form of CDs or records, box office receipts, etc.

The submission of threshold evidence of 3 of the 10 categories may not be dispositive.

Get Our Experienced Help

The process for qualifying for a green card under the extraordinary ability is complex. Despite submitting all documents, the USCIS may still require additional evidence to be able to conduct a “final merits determination” that considers all the evidence to determine if you are at a level of expertise that shows you are one of that small percentage who have risen to the very top of your field. An EB-1 visa lawyer in San Jose can assist with presenting the best evidence and argument before the USCIS. Contact our San Jose law offices today online or by telephone at 408-389-4764 for an evaluation if you believe you can meet all the requirements of this green card category.