Experienced EB-1A Visa Attorney in San Jose Assisting Clients With a Complex Legal Process
An Alien of Extraordinary Ability, or EB-1A, classification applies to foreign nationals who have achieved an extremely high level of success in their professions, gaining national or international acclaim in the sciences, arts, education, business, or athletics. Proving this standard of professional success requires extensive documentation, and the process can be complex.
The skilled and knowledgeable EB-1A visa attorneys at Yew Immigration Law Group have assisted many individuals in obtaining an EB-1A visa and coming to the United States to live and work. We can help you, too.
Call the San Jose offices of Yew Immigration Law Group today at (408) 645-6395 to get started on the application for your EB-1A Visa. We are here to help.
Who Is Eligible For An EB-1A Visa?
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 the U.S. prospectively.
What Kinds of Documentation Do I Need to Obtain 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 that your achievements have been recognized in your chosen field of endeavor. To obtain one of these extraordinary ability visas, you must provide evidence that you have played a leading or critical role in your field.
Evidence shall include either:
- A one-time achievement, such as a major award recognized globally (e.g., Nobel Prize, Olympic Gold
Medal, Academy Award); or
- Documentation of any three (3) of the following:
- Receipt of lesser nationally or internationally recognized prizes or awards for excellent performance
in the chosen field of endeavor
- Membership in an association in the field for which classification is sought. This requires the 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.
How Does One Apply For An EB-1A Visa?
To qualify for an EB-1A Green Card, you must file and receive approval of an I-140 Immigrant Petition. An I-485 Adjustment of Status Application must also be filed and approved. These may be filed at the same time, called “concurrent filing,” or at different times, known as “separate filing.” While concurrent filing is used when the evidence supporting the application is strong, separate filing can be beneficial if your EB-1A profile is more questionable. The separate filing allows for you to obtain approval on your I-140 Immigrant Petition before filing your I-1485 Adjustment of Status Application. Separate filing may save you some time and trouble if your I-140 Immigrant Petition is not approved.
What Advantages Does an EB-1A Visa Have Over Other Visas?
The EB-1A visa is one of the most desirable and difficult to obtain green cards. It has particular advantages over other kinds of green cards, such as:
- The wait for EB-1A green cards is generally not as long as for other green cards because EB-1 visa priority dates are current.
- No job offer or employer sponsorship is necessary.
- The PERM process—the process by which the Department of Labor must establish that existing U.S.-based workers would not be available to fill the position—is not necessary
- The spouse and any minor children of the green card holder may also be eligible for admission into the United States under E-14 or E-15 immigrant status.
EB-1A visa applications are some of the most highly scrutinized, and these visas are only obtained by a select few at the top of their fields.
Why Should I Hire an Attorney to Help Me Apply For An EB-1A Visa?
The process for qualifying for a green card under 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 has 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. Having an experienced EB-1 attorney on your side can mean the difference between success and failure. The EB-1 attorneys at Yew Immigration Law Group have helped many individuals achieve EB-1A immigration status, and we can leverage our skills and our in-depth knowledge of the United States immigration system to give you your best chance at success. Contact our San Jose law offices today at (408) 645-6395 for an evaluation by one of our experienced EB-1A lawyers, and we will help you to determine if you have a good chance of obtaining this exclusive visa to enter the United States.