Are you Eligible for an EB-1A visa with a Pathway to Green Card? If you are extraordinary in your field, you may be!
Monica Zafra • January 26, 2023
Several of our clients seeking the EB-1A visa are extraordinary in their field - whether it be in cinematography, engineering, marketing, journalism, art directors, athletes, and more. What makes EB-1A cases so extraordinary is that USCIS requires the applicant to demonstrate they meet at least 3 of 10 criteria as required by USCIS. For candidates who are among the top and are able to demonstrate their extraordinary ability in their given field, this may be an ideal option for you to pursue as there is a pathway to a green card.
Among the 10 elements, 3 criteria need to be met:
- 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
Let's take the example of a cinematographer. If this cinematographer is highly skilled in their field, they may have earned accolades around the globe or their work has been on display at film festivals, so they may be a great fit for the EB-1A. However, the three elements still must be met, so if one of those elements is not as strong, they may not receive a favorable decision from USCIS.
Essentially, you must demonstrate you are quite literally one of the very few people in a highly important/niche field who has risen to the very top.
After all, you are on the pathway to a green card. If you are not quite amongst the top in your field, but wish to pursue an EB-1A, it is best to plump up your resume. For example, earning as many accolades as possible in the field, becoming a member of memberships in your field, judging others in your field and providing feedback, and so on. It is important for EB-1A candidates to position themselves for success to convince the USCIS Officer who will review your case.
The EB-1A is a fantastic way many of our highly successful clients have been able to work in the United States in their chosen field and earn permanent legal resident status as well.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
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Monica Zafra
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