Solicitó una visa EB-1 en los EE. UU. y fue aprobada. ¿Qué pasa después?
April Perez • June 8, 2023
Click here to read this article in English
Si presenta una petición EB-1 basada en su habilidad extraordinaria en su campo y ha sido aprobada, ¿qué sucede después?
En primer lugar, ¡enhorabuena porque es una gran noticia!
Segundo, ahora necesita reunir algunos documentos e información para solicitar el ajuste de estatus.
La solicitud de Ajuste de estatus
es la solicitud de tarjeta verde en sí misma o la solicitud de residencia permanente legal que debe presentarse una vez que se haya aprobado su solicitud I-140 (EB-1). Se debe presentar una solicitud para usted, su cónyuge y cualquier hijo que presente la solicitud con usted en los EE. UU. Cada solicitud constará de varios formularios, incluido un formulario para la solicitud de tarjeta verde, el formulario para la solicitud de permiso de trabajo y la solicitud para formulario de documento de viaje, entre otros documentos, y, posiblemente, formularios adicionales según el país de origen. Cada solicitud tendrá una tarifa de presentación por separado para los formularios que se incluyen.
Algo importante a tener en cuenta es que, si actualmente tiene el estado de visa O o algún otro estado de no inmigrante en los EE. UU., una vez que presente la solicitud de tarjeta verde, ya no podrá viajar con su estado actual de visa de no inmigrante. Deberá esperar para recibir su permiso de trabajo/tarjeta de autorización de viaje para viajar mientras su solicitud de tarjeta verde está pendiente. Tampoco se recomienda que viaje con frecuencia mientras su solicitud de Ajuste de Estatus está pendiente.
Después de presentar la solicitud, recibirá un aviso de recibo por cada formulario que haya presentado. Posteriormente, recibirá un aviso de cita biométrica o de huellas dactilares en el que se le indicará la hora y el lugar en el que deberá presentarse para que le tomen las huellas dactilares. Se necesitan varios meses para que se emita un permiso de trabajo/autorización de viaje y, en algunos casos, se puede recibir la tarjeta de residencia permanente legal (tarjeta verde) y no se puede emitir un permiso de trabajo/tarjeta de autorización de viaje. En algunos casos, USCIS también puede programar una entrevista para el solicitante y sus familiares.
Una vez que la persona haya recibido su notificación de aprobación para la solicitud de Ajuste de Estatus, deberá esperar para recibir su Tarjeta de Residencia Permanente Legal (tarjeta verde). Es importante no cometer ningún delito ni realizar acciones que violen su estatus mientras su solicitud de Ajuste de estatus está pendiente e incluso después de que haya sido aprobada, para evitar poner en peligro su estatus en los EE. UU.
Si considera que puede calificar para una visa EB1, comuníquese con nuestra oficina.
Este blog no pretende constituir una asesoría legal y nada aquí debe interpretarse como el establecimiento de una relación abogado-cliente. Programe una consulta con un abogado de inmigración antes de actuar sobre cualquier información que aquí lea.
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If you are an elite athlete, the dream of competing and living in the United States often begins with a temporary visa, like a P-1 or an O-1A, based on an employment contract with a team or a schedule of professional competitions you will participate in. However, if you are able to truly excel and reach the top echelon of competitors in your sport worldwide, you may eventually be able to qualify for an EB-1A employment-based Green Card that grants you lawful permanent residence in the U.S. The EB-1A is highly coveted because it doesn’t require a U.S. employer to sponsor you; you can self-petition based entirely on your own merit. However, the barrier to entry is high. You must either prove a major, one-time achievement (like an Olympic medal or a World Cup title) or satisfy at least three out of ten specific regulatory criteria. If you are a forward-thinking athlete currently in the prime of your career, now is the time to start building your EB-1A playbook. Here is a breakdown of all ten criteria from a professional sports perspective, along with actionable tips to bolster your eligibility for the future. The 10 EB-1A Criteria: An Athlete’s Playbook 1. Nationally or Internationally Recognized Prizes or Awards This criterion looks for evidence of excellence in your sport. For athletes, this means trophies, medals, or individual accolades. What counts: League MVP awards, "Best Newcomer" titles, National Championship medals, or selection to an All-Star team. Regional or local club-level awards generally won't cut it. How to maximize your chances: Never throw away a program booklet, medal certificate, or official league announcement. If you win an award, request a formal letter from the league or federation confirming the criteria for the award, how many athletes competed for it, and why you stood out. You are already striving for excellence in your career, to maximize the impact of these awards on your potential EB-1A eligibility, be prepared to document them as fully as possible. 2. Membership in Elite Associations USCIS looks for memberships in organizations that require outstanding achievements of their members, as judged by recognized national or international experts. What counts: Selection to a National Team, an invitation-only elite training pool, or membership in a prestigious international sports federation with strict performance entry barriers. A basic club membership, or membership in a players’ union for all players in your league is unlikely to move the needle here. How to maximize your chances: Actively pursue national team call-ups or qualify for top-tier athletic federations. Keep copies of the official selection criteria for these organizations to prove that entry is based strictly on elite athletic performance, not just paying a membership fee. 3. Published Material About You in Major Media This involves press coverage detailing your athletic career, your achievements, and your impact on the sport. What counts: Feature articles, profile pieces, and match reports in major media outlets (e.g., ESPN, Sky Sports, major national newspapers, or highly regarded websites that cater to your specific sport). How to maximize your chances: Don't shy away from the press. When journalists ask for interviews, take them. Make sure that video interviews or other video-based features include a written text element as well. Crucially, maintain a digital press portfolio . Save screenshots, URLs, and physical copies of print articles. Track the circulation or web traffic metrics of the publications featuring you to prove they qualify as "major media" - they will need to average at least 3,000 viewers or subscribers per month. 4. Participation as a Judge of the Work of Others This criterion requires you to have evaluated the performance of other athletes or professionals in your field. What counts: Serving as a licensed referee or umpire at high-level competitions, acting as a technical judge at a national tryout, or being invited to sit on a selection panel for a prestigious youth draft combine. How to maximize your chances: As you gain seniority in your sport, accept invitations to judge. Offer to serve as a panelist or evaluator for academy tryouts, state tournaments, or specialized sports combines. Ensure your participation is documented with official invitations and judging schedules. 5. Original Contributions of Major Significance to the Sport This means you have introduced something to your sport that has shifted the way the game is played, trained, or analyzed. What counts: Developing a brand-new training methodology or tactical system that is widely adopted by other clubs, setting a long-standing national or international record, or introducing a new technique to your sport such as a new grappling hold in combat sports or a new putting technique in golf. How to maximize your chances: If you innovate a specific technique or coaching program, document its widespread impact. Secure testimonial letters from independent coaches, sporting directors, and analysts testifying to how your unique contribution has materially advanced the sport. 6. Authorship of Scholarly Articles This requires writing deeply technical or academic pieces for major professional or trade publications. What counts: Publishing tactical breakdowns in recognized coaching journals, writing a column for a sports science publication, or authoring an authoritative textbook on modern athletic training. How to maximize your chances: Use the off-season or injury downtime to co-author articles with sports scientists or write deep-dive tactical pieces for established athletic journals or coaching magazines. The experience and insight of an elite athlete is a valuable academic resource; you don’t need to be an accomplished scholar yourself to contribute to academic work. 7. Display of Work at Artistic Exhibitions or Showcases While primarily designed for painters, sculptors, and actors, this can occasionally be adapted for athletes under very specific circumstances. What counts: Having your athletic gear, memorabilia, or historical achievements featured in a major sports museum, or being a primary feature in an athletic showcase with a large audience such as participating in a testimonial match for a retiring superstar, or a skateboarding demo attached to a popular festival. 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When you leave a club or team, secure a letter from the head coach, general manager, or sporting director detailing exactly how your specific presence and leadership directly caused the organization's success or ranking surge. 9. High Salary or Significantly High Remuneration This requires proving that your compensation is substantially higher than what the average athlete in your sport and country earns. What counts: Playing contracts, performance bonuses, endorsement deals, and prize money that place you in the top tier of earners in your league or nation. How to maximize your chances: Keep meticulous financial records. Save all player contracts, prize money receipts, and tax returns. Work with your immigration attorney to gather objective labor data (like national statistics or league averages) to clearly demonstrate that your income dwarfs the baseline average for your profession. 10. Commercial Successes in the Performing Arts For athletes, this criterion is increasingly satisfied through the modern commercialization of sports, specifically focusing on box office draws and merchandise. What counts: Major pay-per-view (PPV) draws in combat sports or extreme sports, ticket sales or attendance spikes directly attributed to your presence, or substantial jersey/merchandise sales carrying your name. How to maximize your chances: Work closely with your agency, club, or promotion to track your commercial impact. Request data regarding streaming viewership peaks during your matches, box office revenue for events you headlined, or official merchandise sales reports. As with each criteria, the more objective support materials you can provide, the stronger your argument becomes. Summary: Building Your EB-1A Timeline The EB-1A Green Card requires extraordinary ability by its very name; planning and preparation alone cannot manifest eligibility if you are not an outstanding athlete in your chosen sport. But for those high achieving athletes who may wish to pursue this desirable pathway to lawful permanent residency, being proactive early in your career can make all the difference. By understanding these criteria today, you can make intentional career choices that pay off down the road. Treat your visa strategy like your training regimen: consistency, documentation, and aiming for the highest platforms will ultimately secure your win. If you think you may qualify for an EB-1A visa on the basis of your athletic talent, please contact our office and we would be happy to help guide you through this complex but rewarding process.
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