EB1A Visa Requirements | How to Apply Employment-Based Visa

EB1A Visa Requirements | How to Apply Employment-Based Visa.

The EB-1A Visa is a U.S. immigrant visa for persons who have shown extraordinary ability in their respective fields. This visa is part of the EB-1 employment-based preference category and it is a legal pathway to obtaining a green card (permanent residence) in the United States.

Interesting Fact About the EB1A Visa

The advantage of the EB-1A is that it does not require applicants to have a job offer or labor certification. This simply means that you don’t need to be sponsored by a company and you also don’t have to prove that there are no qualified U.S. workers for the position.

As a result, the EB1A visa is one of the most flexible and sought-after visa categories for highly accomplished persons.

EB1A Visa Requirements

In order for you to qualify for the EB-1A visa, you must demonstrate extraordinary ability in your field as earlier stated through extensive documentation. The primary requirement is to show that the candidate is one of the top professionals in that field based on their awards, achievements and other significant contributions.

Criteria for Demonstrating Extraordinary Ability

In order to demonstrate you have sustained national or international acclaim and that your achievements have been recognized in your field of expertise, you must either include evidence of a one-time achievement (major internationally-recognized award) or 3 of the 10 listed criteria below (or comparable evidence if any of the criteria do not readily apply):

Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
Evidence of your membership in associations in the field which demand outstanding achievement of their members
Evidence of published material about you in professional or major trade publications or other major media
Evidence that you have been asked to judge the work of others, either individually or on a panel
Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
Evidence that your work has been displayed at artistic exhibitions or showcases
Evidence of your performance of a leading or critical role in distinguished organizations
Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
Evidence of your commercial successes in the performing arts

Benefits of the EB-1A Visa

No Job Offer Required: You can self-petition without needing an employer to sponsor you.
Faster Processing: The EB-1A is processed more quickly than other visa categories because there is no labor certification requirement.
Pathway to U.S. Citizenship: The EB-1A visa allows for permanent residency, and after 5 years of residence, you can apply for U.S. citizenship.
Flexibility in Employment: You can change employers or even start your own business after receiving a green card.

Application Process

Extraordinary Ability: You may apply for yourself by filing a Form I-140, Petition for Alien Worker.
Outstanding Professors and Researchers: Your U.S. employer must file a Form I-140, Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage.
Multinational Manager or Executive: Your U.S. employer must file USCIS Form I-140, Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage.

How to Apply for EB-1A Visa

You may be eligible for an employment-based, first-preference visa if you are a noncitizen of extraordinary ability, are an outstanding professor or researcher, or are a certain multinational executive or manager. Each occupational category has certain requirements that must be met.

Visit the Official Website for EB1A Visa Application For More Details

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