The Benefits of and Requirements for EB-1(A): Persons of Extraordinary Ability
EB-1(A) is a subcategory under Employment-Based First Preference Immigration reserved for Persons of Extraordinary Ability in sciences, arts, education, business or athletics. In order to be qualified as a Person of Extraordinary Ability one must demonstrate sustained national or international acclaim and an intention to continue work in one’s area of extraordinary ability in the United States.
Currently, the EB-1(A) category has visa numbers available to all petitioners throughout the world. Therefore, if you think that you might qualify for classification as a Person of Extraordinary Ability an EB-1(A) petition can be a good option to expedite your status process. The current visa number availability is especially relevant for petitioners born in Mainland China or India as these countries currently have visa number retrogression in the EB-2 category which can result in one having to wait as long as 5 years or more to achieve status.
Furthermore, EB-1(A) allows individuals to simultaneously file the I-485. According to recent practice of Texas Service Center’s Pilot Program, for I-140/I0485 concurrently filed cases, the TSC may choose some cases to be processed within 3 months. We have seen multiple cases that I-140/I-485 were approved concurrently within less than 3 months.
In addition to the potential time benefit, the EB-1(A) also allows prospective immigrants to self-petition. Unlike EB-1(B) or PERM applicants, an alien petitioning as a Person of Extraordinary Ability needs neither Employer Sponsorship nor Labor Certification.
The EB-1(A) petition is intended to be “for the small percentage of individuals who have risen to the very top of their field of endeavor”. To demonstrate that one has attained this level of Extraordinary Ability an individual must provide documentation that their achievements have been recognized and acclaimed in his or her field of expertise. This documentation can occur in one of two ways:
In addition to providing evidence that one meets the threshold for consideration as a Person of Extraordinary Ability, aliens filing under EB-1(A) are also required to indicate that they will continue to work in the area of their extraordinary ability and that their entry amounts to a potentially substantial benefit for the United States.
There are about 140,000 visas available per year worldwide under employment based preference levels. Currently, EB-1(A) accounts for 28.6% (about 40,400 visas) of the whole. As noted above, the visa number is currently available worldwide, including for individuals born in India or Mainland China, because fewer people apply for EB-1(A) status than the allotted 2,800 per country. Nonetheless, we may reasonably predict that EB-1 will eventually have visa retrogression for Mainland China or India born people since an increasing number of people are interested in applying for it. However, if an individual does not apply for I-485 at the same time that they submit the EB-1A, the visa number availability is not a consideration.
Finally, it is helpful to note that the Texas Service Center is transferring some EB-1(A) cases to the Nebraska Service Center. This may result in certain case processes being affected due to the fact that the Nebraska Service Center has a, traditionally, lower efficiency rate compared to that of the Texas Service Center.
If you feel that you meet the EB-1(A) requirements and would like to file an employment-based petition for permanent residency you can email our attorney at email@example.com for a free evaluation. You will receive a reply within 24 hours.
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