Welcome to our EB-1A section. Discover how this exclusive pathway rewards extraordinary talent, propelling careers to new heights in the United States.
The EB-1A (often referred to colloquially as the “Einstein” or “genius” visa) is a first-preference immigrant visa for foreign nationals that have extraordinary ability in the sciences, arts, education, business, or athletics, which has been demonstrated by sustained national or international acclaim, and whose achievements have been recognized in the field through extensive documentation.
A petition filed for a person with extraordinary ability doesn’t require a job offer for support. The individual seeking the visa, known as the beneficiary, can initiate the application without needing an employer to sponsor them. This flexibility allows self-petitioning, enabling individuals to advocate for their own extraordinary abilities, talents, or achievements without relying on a job offer from a US employer.
The petitioner must still demonstrate, however, that he or she intends to continue work in the area of his or her extraordinary ability and that his or her work will substantially benefit the United States in the future.
Extraordinary ability means you can provide evidence of being “one of that small percentage who have risen to the very top of the field of endeavor.”
To prove extraordinary ability, the evidence must be either a one-time achievement (that is, a major, internationally recognized award e.g. the Nobel Prize) or at least three of the ten regulatory criteria or be comparable to at least three of the ten regulatory criteria. For detailed information, refer to the eligibility section on the website.
The biggest advantage of the EB-1A is that you can self-petition. You don’t need to have a job offer to apply. You don’t need a company to sponsor you. This is only one of two Employment-Based petitions that you can self-petition for. The other is the EB2-NIW. All other Employment-Based petitions (e.g. EB-1B, EB-1C, EB2, EB3, EB4 & EB5) require sponsorship.
The EB-1A is highly desirable because, unless you are from India or China, the visa is immediately available. This means that right after your EB-1A petition is approved, you can proceed to Adjustment of Status, if you are in the United States or Consular Processing, if you are outside the United States. In other words, once your EB-1A is approved, there are no wait times to move on to the next steps to get your green card. Even for those from India or China, the wait times to proceed to the next steps of the Immigrant Visa is still incredibly shorter (2 yr wait time) than for the EB2 NIW (12 yr wait time).
It is a badge of honor. The EB-1A is sometimes called the “genius” visa or the “Einstein” visa. People often put that they are a recipient on their resumes and LinkedIn profiles. It has helped some recipients to land a job quicker than they expected.
Your spouse and unmarried children under 21 years of age can also obtain their green cards through your EB-1A approval.
The EB-1A is eligible for premium processing, you can have your petition reviewed and answered within 15 calendar days. This is much faster than most other visas.
The EB-1A requires extensive documentation to prove extraordinary ability. The burden of proof is on the petitioner to meet this much higher standard. It is reserved for that “small percentage who have risen to the top of their field.”
Because of the level of rigor needed to show extraordinary ability, immigration lawyers and consultants usually charge more to help applicants through this process.
That you have extraordinary ability in the sciences, arts, education, business, or athletics.
That you intend to continue work in the area of your extraordinary ability and that your work will substantially benefit the United States in the future.
That your entry must substantially benefit the United States in the future.
Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
Membership in associations in the field for which classification is sought that require outstanding achievement of their members, as judged by recognized national or international experts in their disciplines or fields.
Published material about the person in professional or major trade publications or other major media relating to the person's work in the field for which classification is sought. Such evidence must include the title, date, and author of the material, and any necessary translation.
The person's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought.
The person's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.
The person's authorship of scholarly articles in the field, in professional or major trade publications or other major media.
Display of the person's work in the field at artistic exhibitions or showcases.
The person has performed in a leading or critical role for organizations or establishments that have a distinguished reputation.
The person has commanded a high salary, or other significantly high remuneration for services, in relation to others in the field.
Commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales. A regulatory provision provides petitioners the opportunity to submit comparable evidence to establish the person's eligibility, if it is determined that the evidentiary criteria described in the regulations do not readily apply to the person's occupation. For instance, if the publication of scholarly articles is not readily applicable to a person whose occupation is in an industry rather than academia, a petitioner might demonstrate that the person’s presentation of work at a major trade show is of comparable significance to that criterion.
If you have questions regarding whether you could be considered a person of “extraordinary ability,” you can schedule a call with us to get a proper assessment of your profile, have your specific questions answered and have a clear knowledge on what it takes to win.
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