¿Es usted elegible para la visa EB-1A como camino a la Green Card (Tarjeta de Residencia Permanente)? Si usted es extraordinario en su campo de ocupación, ¡usted puede serlo!
Monica Zafra • September 15, 2023
Click here to read this article in English and Portuguese
Varios de nuestros clientes que buscan la visa EB-1A son extraordinarios en su campo u ocupación - ya sea en cinematografía, ingeniería, marketing, periodismo, directores de arte, atletas, y más. Lo que hace que los casos EB-1A sean tan extraordinarios es que USCIS requiere que el solicitante demuestre que cumple con al menos 3 de los 10 criterios que exige. Para los candidatos que están entre los mejores y que son capaces de demostrar su extraordinaria capacidad en su campo, esta opción puede ser ideal para usted, ya que podría llevarlo a conseguir la Green Card (Tarjeta de Residencia Permanente).
Entre los 10 requisitos, es necesario cumplir 3 criterios:
- Pruebas de haber recibido premios o galardones de excelencia de menor reconocimiento nacional o internacional.
- Pruebas de su pertenencia a asociaciones del sector que exijan a sus miembros logros sobresalientes.
- Pruebas de que se ha publicado material sobre usted en publicaciones profesionales o comerciales importantes o en otros medios de comunicación importantes.
- Pruebas de que se le ha pedido que juzgue el trabajo de otros, ya sea individualmente o como miembro de un jurado.
- Pruebas de sus contribuciones científicas, académicas, artísticas, deportivas o empresariales originales de gran importancia en su campo.
- Pruebas de su autoría de artículos académicos en publicaciones profesionales o comerciales importantes u otros medios de comunicación importantes.
- Pruebas de que su obra se ha expuesto en muestras o exposiciones artísticas.
- Pruebas de que ha desempeñado un papel destacado o crítico en organizaciones distinguidas.
- Pruebas de que percibe un salario elevado u otro tipo de remuneración significativamente alta en relación con otras personas del sector.
- Pruebas de sus éxitos comerciales en las artes escénicas.
Tomemos el ejemplo de un director de fotografía. Si este director de fotografía es altamente cualificado en su campo, puede haber ganado elogios en todo el mundo o su trabajo ha sido exhibido en festivales de cine, por lo que puede ser un gran candidato para la visa EB-1A. Sin embargo, los tres elementos igualmente deben reunirse. Si uno de esos elementos no es tan fuerte, es posible entonces que no se reciba una decisión favorable de USCIS.
Esencialmente, usted debe demostrar que es literalmente una de las pocas personas en un campo muy importante/nicho y que ha llegado a la cima. Después de todo, usted está en el camino hacia una Green Card. Si no se encuentra entre los mejores en su campo, pero desea solicitar un EB-1A, lo mejor es mejorar su currículum. Por ejemplo, ganando tantos elogios como sea posible en su campo, convirtiéndose en miembro de asociaciones en su campo, juzgando a otros en su campo y proporcionando retroalimentación, y así sucesivamente. Es importante que los candidatos de la visa EB-1A se preparen para el éxito con el fin de convencer al funcionario del USCIS que revisará su caso.
La visa EB-1A es una gran herramienta mediante la cual muchos de nuestros clientes de gran éxito han sido capaces de trabajar en los Estados Unidos en su campo de ocupación y obtener así el estatus legal de residente permanente.
Este blog no busca constituir una asesoría legal y nada de lo que aquí lea debe interpretarse como el establecimiento de una relación abogado-cliente. Programe una consulta con un abogado de inmigración antes de actuar basado en cualquier información contenida en el presente.
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Monica Zafra
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During the recent administration there has been an increase in issuance of Requests for Evidence for EB-1A petitions for those of Extraordinary Ability. A Request for Evidence is a request that is made by USCIS that should explain how the evidence is deficient in proving the criteria argued and what additional evidence needs to be provided by the applicant to meet the criteria. EB-1A petitions are already normally subject to higher scrutiny because their approval is the first step needed to apply for Lawful Permanent Residence or a green card. USCIS normally requires not just evidence but that the evidence be provided with context and information to show why it matters in a particular field. For example, if you were providing evidence of your membership in an organization that requires outstanding achievements of its members, just providing evidence of the membership is not enough. You must explain what that membership is and provide background information on the organization granting the membership. You also need to provide evidence on the criteria that is used to select the members, information on those who select the members to show that they are recognized experts, other documentation such as articles about the membership organization to show its importance, and any other relevant evidence and background information to show that the criteria is met. A request for evidence being issued prior to the current administration was not uncommon, but in the current climate it is more surprising to not receive a request for evidence for this type of case. It is important to remember that a request for evidence is not a denial. Depending on the validity of the information in the request and the substance some Requests for Evidence can be overcome, and the case be approved. It is important to carefully review the request and note if there are any errors in the content and application of the regulations by USCIS. If you have an attorney, you should work with them and make sure that you provide any evidence you think may be helpful. Although there is a deadline by which a response must be submitted, attention to detail and patience will go a long way when dealing with having to respond to a request for evidence. If you believe you may qualify for this type of visa, please feel free to contact our office.
For individuals applying under the O-1A or EB-1A categories , both reserved for professionals with extraordinary ability, letters of recommendation are a critical part of the petition. These expert testimonial letters offer valuable insight into your accomplishments, reputation, and influence within your field. When written properly, they help demonstrate that you truly stand out as someone who has risen to the very top of your profession. Many petitions submitted by highly accomplished individuals fall short because the recommendation letters are vague, overly personal, or fail to clearly explain why the applicant meets the legal standard of extraordinary ability. That is why taking the time to prepare your recommenders effectively is not just helpful. It is essential to build a strong and persuasive case. First, it is important to help your recommenders understand the purpose of the letter . This is not a casual reference or character recommendation. It is a formal declaration to U.S. Citizenship and Immigration Services that you possess extraordinary ability in your area of expertise. The letter must describe your achievements in concrete terms and explain why your work has had a significant impact and recognition within your field. Many professionals, no matter how accomplished, are unfamiliar with the specific requirements of the O-1A and EB-1A categories. It is helpful to provide them with a short explanation of what is needed, and in some cases, a sample or outline to guide them. Selecting the right recommenders is just as critical as the content of the letters themselves. While USCIS gives greater weight to letters from independent experts, independence should not be confused with distance. The ideal recommender is someone who knows your work well and can provide specific and credible insight into your contributions, impact, and reputation in the field. A letter from someone who barely knows you, or one that focuses more on the recommender’s own accomplishments than yours, is unlikely to carry much weight with USCIS. A common mistake is submitting letters that read more like summaries of the recommender’s resume than a meaningful evaluation of your achievements. While a brief introduction of the recommender’s qualifications is important to establish credibility, the focus must remain squarely on you , your work, your innovation, and the ways in which your impact is considered extraordinary. The strongest letters go beyond general praise. They include clear and detailed examples of how your contributions have influenced others in your field or led to measurable outcomes. To make the letter as accurate and persuasive as possible, you should provide your recommenders with a summary of your most important professional milestones. This might include major awards, media coverage, patents, publications, notable leadership roles, or metrics showing the commercial or scientific success of your work. Well-prepared recommendation letters serve as both evidence and narrative. They help fulfill specific legal requirements and also tell the story of how and why your work has earned you distinction. In a category defined by terms like extraordinary ability, it is important that every part of your petition reinforces that standard. At Santos Lloyd Law Firm, we work closely with our clients and their recommenders to develop strong and compelling testimonial letters that meet USCIS expectations and highlight each applicant’s unique contributions.
If you have a pending asylum application in the United States, you will now be required to pay an Annual Asylum Fee (AAF) in order to keep your application pending. Understanding this new fee and why it is important could be the difference between maintaining your pending asylum application and facing removal from the country . If your asylum application has been pending for more than one year, you will be required to pay an annual fee of $102 . The good news is that this fee is charged per asylum application, not per person. This means a family applying together on a single Form I-589 will only pay $102 total. However, it is important to know that there are no fee waivers available for this annual payment. It is crucial to take this fee seriously because the consequences for missing your payment are severe . If you receive a notification from USCIS that your fee is due, you will be given exactly 30 days to pay it. If you fail to pay by the deadline, the government may enforce the following penalties: Rejection of your Application: USCIS will reject your pending asylum application. Loss of Work Authorization: Any pending applications for employment authorization (Form I-765) based on your asylum case will be denied. Furthermore, if you already have an approved work permit, you will lose your work authorization immediately. Risk of Deportation: If you do not have an underlying legal status in the U.S., USCIS may initiate your removal (deportation) from the United States. Because of the severe consequences of failure to pay the fee within 30 days, it is vitally important to update your address with USCIS. This ensures you will actually receive the payment notice and can pay it on time without jeopardizing your case. How to Pay: Paying your fee promptly is the best way to protect your asylum status and work authorization. You can easily check if your fee is due and make your payment online by visiting: https://my.uscis.gov/accounts/annual-asylum-fee/start/overview To submit your payment, you will need two important pieces of information: Your A-Number (Alien Registration Number). The receipt number from your asylum application receipt notice. Once you enter this information, you will see a blue “Pay and submit” button. You can pay securely using a credit card, debit card, or a transfer from a U.S. bank account. Always make sure to save a copy of your receipt to ensure you have evidence of payment. Staying informed and keeping up with the Annual Asylum Fee is an essential part of the asylum process in 2026. Watch your mail for notifications, keep your address updated, and pay your fee as soon as it is due to ensure your case stays on track.
In the span of about five weeks, U.S. visa policy changed in ways that affect close to 100 countries. A Presidential Proclamation issued on December 16, 2025, expanded an earlier travel ban to cover 39 countries effective January 1, 2026. Two weeks later, the Department of State announced a separate administrative pause on immigrant visa issuance for nationals of 75 countries, effective January 21, 2026. The two policies overlap in places, diverge in others, and together create one of the broadest restrictions on U.S. visa issuance in recent memory. For applicants and employers trying to make sense of the news, the most important point is this: the rules differ depending on (a) which country the applicant is from, (b) which visa category they are seeking, and (c) where they were on January 1, 2026. Below is a practical guide to what is in place, what is still available, and what to do next. Two Distinct Policies, One Confused Headline What the press has often called "the visa freeze" is actually two separate policies, with different legal foundations and different scopes. Presidential Proclamation 10998 the 39-country travel ban. Signed December 16, 2025, and effective January 1, 2026, this proclamation supersedes and expands the June 2025 travel ban. It invokes INA §§ 212(f) and 215(a) the same legal authority that the Supreme Court upheld in Trump v. Hawaii (2018) — and divides affected countries into two tiers. The State Department's 75-country immigrant visa pause. Announced on January 14, 2026, and effective January 21, 2026, this is an internal Department of State policy, not a presidential proclamation. It freezes immigrant visa issuance for nationals of 75 countries on a stated rationale of public charge concerns. It has been challenged in court (CLINIC v. U.S. Department of State, S.D.N.Y., filed February 2, 2026) on grounds including the INA's prohibition on nationality-based discrimination in immigrant visa issuance. Because the policies operate independently, an applicant from a country that appears on both lists faces overlapping restrictions, while an applicant from a country on only one list faces a narrower set. Tier 1: Full Suspension Under Proclamation 10998 (19 Countries) Nationals of these 19 countries are subject to a full suspension of both immigrant and nonimmigrant visa issuance: Afghanistan, Burma, Burkina Faso, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Mali, Niger, Sierra Leone, Somalia, South Sudan, Sudan, Syria, and Yemen. The proclamation also applies to individuals traveling on documents issued or endorsed by the Palestinian Authority. For applicants in this tier, no tourist, student, work, or immigrant visas will generally be issued, subject to a narrow set of exceptions discussed below. Tier 2: Partial Suspension Under Proclamation 10998 (19 Countries + Turkmenistan) Nationals of these 19 countries are subject to a partial suspension: Angola, Antigua and Barbuda, Benin, Burundi, Côte d'Ivoire, Cuba, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Togo, Tonga, Venezuela, Zambia, and Zimbabwe. For these countries, the proclamation suspends: All immigrant visas, and B-1/B-2 visitor visas, F and M student visas, and J exchange visitor visas. Critically, employment-based and other nonimmigrant categories including H, L, O, P, and R visas remain available to nationals of these countries, although consular officers are directed to reduce the validity period of any such visa to the minimum extent permitted by law. For our firm's many clients in the entertainment, sports, and business immigration space, this distinction is often the difference between a paused career and a viable plan. Turkmenistan occupies a unique position: under the December proclamation, only immigrant visa issuance is suspended; nonimmigrant categories remain available. The Separate State Department Pause (75 Countries) The January 21, 2026 State Department policy paused issuance of immigrant visas only to nationals of 75 countries. The list is broader than the Proclamation 10998 list and notably includes countries with significant client populations for our firm, such as Brazil, Colombia, Egypt, Guatemala, Lebanon, Morocco, Nicaragua, Pakistan, and many others. Two practical points are essential: The pause is limited to immigrant visas. Nonimmigrant visas including B-1/B-2, F-1, J-1, H, L, O, P, and R are not affected by this policy. A Brazilian artist seeking an O-1, a Colombian executive seeking an L-1, or a Lebanese professional seeking an H-1B can generally continue to apply. The policy is being challenged in court. Plaintiffs in CLINIC v. State Department argue that the freeze violates INA § 1152's prohibition on nationality-based discrimination in immigrant visa issuance, the Administrative Procedure Act, and the Fifth Amendment. The outcome is not predictable, and applicants should not delay strategic planning while awaiting a ruling. Who Is Exempt or Otherwise Unaffected Several categories of individuals are not covered by Proclamation 10998, even where their country of nationality appears on the list: Lawful permanent residents of the United States. Green card holders may continue to travel and re-enter, though re-entry can still involve closer secondary inspection. Individuals physically present in the United States on January 1, 2026. The proclamation applies only to those who were outside the U.S. and without a valid visa as of the effective date. Holders of valid visas issued before January 1, 2026. No visa issued before the effective date has been or will be revoked under the proclamation. These visas may continue to be used for travel. Dual nationals who can apply on the passport of a country not subject to the suspension. A, G, and NATO visa holders , certain Special Immigrant Visa applicants, and limited national interest exceptions, including for specific adoption-related cases. It is worth emphasizing that exemption from the entry ban is not the same as exemption from related USCIS processing holds. Some lawful permanent residents from affected countries have nonetheless experienced delays on naturalization (N-400) and family petition (I-130) processing under separate administrative directives. What Applicants Should Do Now Given how rapidly the rules are changing and how case-specific the consequences are, we are advising clients to take the following steps: Identify which list (or lists) applies to you. A national of Iran or Syria faces fundamentally different exposure than a national of Brazil or Colombia, even though both may have heard "visa freeze" in the news. Look at categories, not just countries. For Tier 2 countries and the 75-country pause, employment-based nonimmigrant categories remain a viable path. Many of the O-1, P-1, H-1B, L-1, and EB-1A pathways our firm regularly handles are unaffected by the immigrant-visa freeze. Consider where you are physically located. Applicants currently in the United States have planning options that applicants abroad may not. Departing the country at the wrong moment can convert an inconvenience into a years-long problem. Do not assume current valid visas remain a guarantee of admission. While valid visas are not being revoked, port-of-entry scrutiny has increased, and discretionary admission decisions are ultimately made by Customs and Border Protection. Seek counsel before international travel if you are from any affected country, hold any form of conditional or pending status, or have any concerns about prior immigration history. When to Consult an Attorney The combination of the Proclamation 10998 travel ban, the 75-country immigrant visa pause, ongoing litigation, and the additional USCIS holds on certain benefit applications has produced a landscape where the right answer is rarely obvious from the news alone. Speaking with counsel is especially important when: Your country appears on either list, and you have a pending or planned visa application. You are weighing whether to leave the United States for a consular interview. You are an employer with a foreign national workforce and need to understand which categories remain viable. You are a dual national considering which passport to use. You hold a valid visa from before January 1, 2026, and are uncertain whether to travel. At Santos Lloyd Law Firm, we represent clients from across the affected country lists including substantial numbers in entertainment, sports, business, and family immigration and we are actively monitoring both the litigation and the State Department's evolving guidance. If you have questions about how the current restrictions apply to your case or your company, our attorneys are available to help you build a plan.
Holding a U.S. visa does not guarantee permanent entry. The Department of State can cancel a visa after it is issued through a process called “prudential visa revocation.” These revocations have surged throughout 2025 and 2026. This increase is a direct result of enhanced vetting and increased data sharing between government agencies. Through the Continuous Vetting Center, law enforcement and immigration databases are now cross-referenced in real time, allowing officials to flag and revoke visas the moment new information surfaces or updated information is received, such as a past criminal arrest or a security alert. What is Prudential Visa Revocation? A prudential revocation is a precautionary cancellation. It happens when new information suggests a traveler might be ineligible for a visa or could pose a safety concern. A revocation cancels your visa, but it does not automatically end your status if you are already inside the U.S. and following the rules of your stay. Common triggers include: Criminal Arrests (DUI/DWI): Even a previous incident or single arrest without a conviction can trigger an immediate revocation. Security Alerts: New hits on watchlists or intelligence databases. Loss of Eligibility: Such as losing a job or failing to maintain student status. Fraud: Discovery of errors or lies on previous applications. The DOS usually notifies individuals via the email address listed on their DS-160 application. However, many travelers reportedly only discover the revocation when they are denied boarding at the airport. If your visa is revoked while you are in the U.S., you can typically remain in the country until the date on your Form I-94 expires, provided you continue to follow all terms of your stay. However, you should avoid international travel until you consult with legal counsel, as leaving the U.S. will require you to apply for a brand-new visa to re-enter. This application process may involve extra scrutiny, such as medical evaluations or supplemental documentation - especially if the revocation was triggered by a DUI or DWI. If your visa has been revoked and you need to discuss your legal options, please contact Santos Lloyd Law Firm for guidance.
