{"id":588,"date":"2025-10-04T20:03:29","date_gmt":"2025-10-04T20:03:29","guid":{"rendered":"https:\/\/onlinewebsolutions.in\/greencardlink\/?page_id=588"},"modified":"2025-10-17T13:43:36","modified_gmt":"2025-10-17T13:43:36","slug":"eb1-a-alien-of-extraordinary-ability","status":"publish","type":"page","link":"https:\/\/onlinewebsolutions.in\/greencardlink\/eb1-a-alien-of-extraordinary-ability\/","title":{"rendered":"EB1-A Alien of Extraordinary Ability"},"content":{"rendered":"\t\t
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Alien of Extraordinary Ability<\/h1>\t\t\t\t<\/div>\n\t\t\t\t
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Introduction To EB-1A Application<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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EB1-A is a subcategory of Employment-based Green Card 1st<\/sup>\u00a0preference. Green Card Link specializes in EB-1A (Alien of Extraordinary Ability) petitions. This immigrant visa preference is for foreign nationals with extraordinary ability and skill in sciences, arts, education, business, or athletics. Pursuant to federal immigration law, unlike EB-1b and EB-1c, the petitioner is not required to have an employer, but they must be entering to continue to work in their chosen field, and they must substantially benefit prospectively in the\u00a0U.S.<\/a>\u00a0In addition, the petitioner must show that the foreign person sustained national or international acclaim with recognized achievements. This is the requirement that is most difficult to prove. Based on our experience, Green Card Link has developed winning strategy of argument to meet this prong of requirement. To win an extraordinary ability case requires extensive documentation and excellent petition skills of the attorney. You can trust Green Card Link with your EB1-A case.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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EB-1A Advantages:<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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No Labor Certification Required, Self-Petition is Allowed<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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The employment-based classification EB-1A offers numerous advantages. Firstly, it doesn’t mandate an offer of employment for non-immigrants in this category, as long as they intend to continue working in the field where they possess extraordinary ability upon entering the U.S. Consequently, self-petitioning is allowed. However, it’s important to note that while self-petitioning is an option, it may not always be the best choice. The immigration visa petition process is intricate, and the attorneys at Green Card Link are well-equipped to navigate the complex legal aspects. Green Card Link has a proven track record of successfully filing numerous EB-1A cases.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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No Labor Certification is Required, Self Petition is Allowed<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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Job offer is not required<\/h3>

There are many advantages of the employment-based category EB1-A. First of all, a specific job offer is not required for a foreign person in this group, as long as the foreign person is entering the United States to continue work in the field in which he or she has extraordinary ability, therefore self-petition is allowed. Petition for an immigration visa is a complicated process and you may want an immigration attorney to handle all the complicated legal and regulation issues. Green Card Link has filed countless successful EB1-A petitions for our clients.<\/p><\/div><\/div>\t\t\t\t<\/div>\n\t\t\t\t

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Visas for EB-1A are current (Not Anymore)<\/h3>

Moreover, a labor certification not required. Obtaining a labor certification is a long process. EB-1A applications therefore save an applicant a lot of time. As a result, attorneys in Green Card Link encourage clients to petition for this classification if they are qualified. Visas for EB-1A are current. This is the benefit for all first preference employment-based categories. Immigrant visas remain immediately available for all countries in the first employment-based (EB-1) preference category. Principal attorney of Green Card Link indicated that it is unlikely that there will be any cut-off dates in the EB-1 preference during the coming months.<\/p><\/div><\/div>\t\t\t\t<\/div>\n\t\t\t\t

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Qualifications of an EB-1A Petitioner<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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To qualify for an EB1-A visa, the client must demonstrate the following:<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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Definitions and Evidence of \u201cExtraordinary Ability\u201c for EB1-A<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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mmigration Law defines \u201cextraordinary ability\u201c as a level of expertise indicating the individual is one of a small percentage who have risen to the very top of a particular field in the sciences, arts, education, business, and athletics. The federal law indicates that such a person will have received national and international acclaim. National or international acclaims can be demonstrated by receipt of a major internationally recognized award such as Nobel Prize or the Academy Award. Or,<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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Some of the benefits of PERM are that it requires much less paper work and also it\u2019s much quicker since electronic filing lowers the time of gathering documents and so on.
PERM is considered to be stricter and also a rule-based system, which is similar to existing RIR needs. It will need a pattern of recruitment.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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Alternatively, immigration law requires that the petitioner provides at least three of the following types of evidence:<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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  1. Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.<\/li>
  2. Membership in an association that requires outstanding achievement as a condition of membership in the field for which the classification is sought<\/li>
  3. Published material about the foreign person or his or her work in professional, trade journals, or major media publications. (These items must include title, date, author, and must be translated into English)<\/li>
  4. The foreign person\u2019s participation, on a panel or individually, as a judge of the work of others in the same or a related field<\/li>
  5. Evidence of original contributions, usually through publication, of major significance in the foreign national\u2019s fields of science, scholastic, artistic, or athletic<\/li>
  6. Authorship of scholarly articles in the field, in professional journals, or other major media (national newspapers, magazines, etc.)<\/li>
  7. Display of the foreign national\u2019s work at significant exhibitions<\/li>
  8. Performance in a significant role for organizations or establishments that have a distinguished reputation<\/li>
  9. Receipt of a higher salary or remuneration than is usual in the field<\/li>
  10. Commercial success in the performing arts as shown by box office receipts or sales records, cassette, compact disk, or video sales, or<\/li>
  11. Other comparable evidence if the above types of evidence do not readily apply to the foreign national\u2019s occupations<\/li><\/ol>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t
    \n\t\t\t\t\t\t\t\t\tThe meanings of these evidentiary criteria are ambiguous. Cases in front of AAO (Administrative Appeal Office) have indicated that not every criterion applies to every foreign beneficiary. \t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t
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    Initial Steps of PERM Filing<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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    Aria Vatankhah<\/h3>

    Attorneys are sometimes confused about the evidence types that apply to the particular case. Green Card Link will correctly determine which evidence is relevant to the petitioner\u2019s application based on the attorney\u2019s experience, education, and legal training.<\/p><\/div><\/div>\t\t\t\t<\/div>\n\t\t\t\t

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    EB1-A Applicant Must be Top of the Field of Expertise<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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    Regarding the requirement that the non-resident must represent a \u201csmall percentage who has risen to the very top\u201d of the field of study, AAO rulings signify that the relevant field of study must be distinct before a determination can be made as to whether the non-resident has extraordinary ability in that area.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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    Green Card Link advises that if the field is clearly distinct, the firm will probably claim that the non-resident has \u201crisen to the very top\u201d of the field of study.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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    In Aria Vatankhah\u2019s blog article,\u00a0\u201c<\/b>Are You at the Top of the Field of Expertise?\u201d<\/b><\/em>\u00a0\u00a0<\/b>Mr. Vatankhah clarified that clients should utilize the non-resident\u2019s past working experience and education to define the field of expertise.
    Nevertheless, it is not always the case that the more clearly the field is defined, the better the chances of getting approved. AAO rulings have indicated that the judging officers become suspicious in cases where the field of expertise is so narrowly defined that \u201crising to the top of the endeavor\u201d is unimportant. Please contact Green Card Link to find out more about defining the field of expertise.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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    Presenting Evidence<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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    Green Card Link attorneys advise that the most effective method to determine if the non-resident is \u201cone of the small percentage who have risen to the very top\u201d of his or her area of study is to provide documentation that sets a benchmark for comparison between the non-resident and their colleagues that are deemed typical or average in the area of study. For instance, if the non-resident is in a discipline in which the printing of academic pieces is normal, Green Card Link will show documentation that the petitioner\u2019s pieces were seen in the most prominent periodicals in the area of study, were the topic of peer discussion in these periodicals, or were extensively cited in other academic journals.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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    Approved Cases Comparison<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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    Even though\u00a0USCIS<\/a>\u00a0tries to discourage using comparisons between EB1-A successful petitions in the same area of expertise, Green Card Link attorneys have determined that both AAO and the court system regularly stated that agency regulations established the governing guideline for determining extraordinary skills as being a comparison with peers in the area of expertise. As a result, USCIS treatment of colleagues in the area of study with similar credentials is extremely significant to an extraordinary ability petition.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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    USCIS Adjudicators Two-Part Approach<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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    In 2010, the Ninth Circuit U.S. Court of Appeals reexamined the denial of a EB-1A petition, the\u00a0Kazarian case<\/a>. The AAO concluded that the Kazarian case utilized a two-part approach: Part One: Counting the Evidence Types Submitted; Part Two: Determination of Final Merits. Click this link to see a detailed summary of this notable case provided by Green Card Link. \u00a0Two-Part Approach (the Kazarian case) for EB-1A (Alien of Extraordinary Ability) petition<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t

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    \n\t\t\t\tTable of Contents\t\t\t<\/h4>\n\t\t\t\t\t\t\t\t\t\t
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