What are the qualifications for an EB-1A Visa?
April Perez • January 5, 2022
Click here to read this article in Portuguese and Spanish
An EB-1(a)
is a visa for those that can prove they have an Extraordinary Ability or Achievement in the sciences, arts, education, business or athletics
through sustained national or international acclaim.
Sustained national or international acclaim is proven by showing that you have a one-time achievement or major award such as a Nobel Prize, Grammy or an Oscar or
that you can meet at least three
of the criteria below by providing adequate evidence (examples below):
- Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
Evidence of an award can include: a certificate, a list of the criteria for the award, meaning how the winners are selected, and background on the award to show that it is a national or international award.
- Evidence of your membership in associations in the field which demand outstanding achievement of their members
Evidence of membership can include: a membership certificate or letter from an official from the organization verifying your membership.
Evidence that the association demands outstanding achievements of their members can include: background on how the members are selected through official website links, background information on who selects the members, bylaws of the organization stating how members are selected and who selects them, background of other members, background on those who select members, articles about the organization, and background links about the organization.
- Evidence of published material about you in professional or major trade publications or other major media
Evidence of published material should show the source of the publication. You should also provide circulation numbers on the publication if it is in print, if it is an article published through a website it should be a website from a major publication that has a high volume of traffic. - Evidence that you have been asked to judge the work of others, either individually or on a panel
Evidence of being a judge can include: a letter from the organization you were a judge for or the event you were a judge for explaining how you were selected, what the judging consisted of, and background on the event or organization you were a judge for.
- Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
Evidence that the contribution was original can be: through a patent, or other verifying documentation.
Evidence that it was of major significance can be: shown through application by other organizations in the field of your original contribution, and contracts or letters verifying the wide use of your contribution. - Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
Evidence can include: the article you published, evidence of where it was published, and evidence of the number of times the article was cited by others.
- Evidence that your work has been displayed at artistic exhibitions or showcases
Evidence can include: articles, flyers and other promotional materials for the exhibition. Contracts, and photos of the exhibition. Proof of sales of any work sold at the exhibition. - Evidence of your performance of a leading or critical role in distinguished organizations
Evidence can include: letters from former employers explaining how your work was critical for the organization as a whole.
Evidence that the organization is distinguished can be: articles about the organization, awards the organization has won, and background on the organization.
- Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
Evidence can be: paystubs, income taxes or other proof of payment for work in your field. The payments should be quantified, meaning that you need to prove how much you were paid per hour or per year for your work. - Evidence of your commercial successes in the performing arts
Evidence can include ticket, record, or video sales or box office receipts.
This is not an exhaustive list of possible evidence, and in some fields the evidence may not fall directly within the parameters of the criteria.
Aside from the criteria you must also be able to show that you will continue to work in your field of expertise.
USCIS will first determine whether you meet at least three of the criteria, and if you do, they will move on to do a final merits determination as to whether you are extraordinary.
An alien who falls within this category may self-petition by filing the proper forms and evidence. The idea of being “extraordinary” sounds simple, but you must be able to prove that you qualify. It is important to have the proper guidance from an attorney through this process.
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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Click here to read this article in Portuguese
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U.S. Citizenship and Immigration Services (USCIS) has released updated policy guidance detailing how officers will evaluate "public charge" inadmissibility for individuals applying for green cards through adjustment of status. This update follows a Department of Homeland Security (DHS) final rule that rescinds the 2022 public charge regulations. The new policy takes effect on September 18, 2026 , and applies to all green card applications (Form I-485) postmarked or submitted on or after that date. Who Is Subject to the Public Charge Rule? Most family-based and employment-based green card applicants will be subject to the public charge ground of inadmissibility. This includes spouses, children, and parents of U.S. citizens or legal permanent residents, as well as most employment visa preference categories, investors, and diversity visa applicants. Certain categories remain explicitly exempt under immigration law. These include: Asylees and refugees Victims of human trafficking (T visa) or crime (U visa) Violence Against Women Act (VAWA) self-petitioners Special Immigrant Juveniles Temporary Protected Status (TPS) applicants Certain military-related applicants and other designated humanitarian groups How USCIS Will Make Determinations USCIS officers will evaluate whether an applicant is likely to become a public charge by reviewing the totality of their circumstances on a case-by-case basis. Key factors include: Five Statutory Factors: Age, health, family status, assets/financial resources, and education or skills. Affidavit of Support: Submission of Form I-864 executed by a sponsor. Use of Public Benefits: USCIS will look at means-tested public benefits, such as cash assistance for income maintenance, housing assistance, food stamps (SNAP), or college financial aid. Note on timing: For benefits received before September 18, 2026, USCIS will only consider public cash assistance for income maintenance and long-term institutionalization at government expense. For benefits received on or after September 18, 2026, the broader consideration of all listed means-tested benefits will apply. Public Charge Bonds If an officer determines that an applicant is inadmissible solely on public charge grounds, USCIS may issue a Notice of Intent to Deny that invites the applicant to post a public charge bond using Form I-945. If an invited applicant successfully posts the required cash or surety bond, USCIS may approve the application for permanent residence. Public charge bonds can only be submitted if explicitly invited by USCIS. Santos Lloyd Law Firm will continue to monitor immigration developments closely and provide updates as further implementation details are released. For more information, please access: https://www.uscis.gov/newsroom/alerts/uscis-issues-guidance-on-making-public-charge-inadmissibility-determination
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Navigating the United States immigration system can be complicated and stressful, and maximizing your chances of a successful outcome can have a huge positive impact on your personal or professional life. While hiring an experienced immigration attorney is an excellent first step toward securing a positive outcome, it is vital to remember that legal representation is fundamentally a partnership. Your attorney is your advocate, but the strength and efficiency of your case rely heavily on the preparation, collaboration, and transparency you bring to the table. To help you maximize the value of your legal counsel and build a seamless, robust application package, here are five essential tips for making your partnership with an immigration attorney a genuine success. 1. Streamlining Translated Documents: The Value of Advance Preparation Submitting an immigration petition requires an extensive paper trail of supporting evidence. This often includes vital records such as birth certificates, marriage licenses, divorce decrees, police clearance certificates, or academic transcripts. A strict, non-negotiable rule enforced by USCIS is that any document used as supporting evidence that is written in a language other than English must be accompanied by a full and complete English translation. You can proactively save significant time and keep your legal process moving forward by arranging for these translations before sending documents to your attorney. However, you cannot simply translate them yourself or have a bilingual friend write it out. USCIS requires the translator to provide a formal, written attestation. While you don’t need to hire a professional translator, the certification must explicitly state that the translator is competent to translate from the foreign language into English and that the translation is accurate, true, and complete. Having these documents translated with proper written attestations beforehand allows your attorney to begin analyzing your evidence and compiling your packet immediately without administrative delays. 2. Understanding Legal Fees vs. USCIS Filing Fees Like any legal process, immigration law matters are expensive, and they involve two distinct types of cost- understanding these can help you to budget properly and avoid unnecessary friction or delays. When entering into a legal retainer agreement, it is crucial to recognize the operational difference between the legal fees charged by your law firm and the administrative filing fees mandated by the U.S. government: Legal Fees: These fees are paid directly to your immigration attorney for their professional expertise, time, legal labor, and ongoing representation. This covers strategy formulation, document drafting, compilation of the legal brief, and managing communications with government agencies. A good attorney will be clear about how much things will cost, at what point you will need to pay them, and why the costs may vary for certain situations (such as expediting a case to meet a deadline). USCIS Fees: These are flat filing fees established by the U.S. government to process specific immigration forms. These fees are mandatory regardless of whether you hire an attorney, and they are generally non-refundable—meaning the government keeps the money even if your application is ultimately denied. It is also important to remember that these fees will be charged to your account shortly after your case is filed, so make sure you have the requisite amount available in your account to avoid your filing being rejected due to payment failure. Review your legal contract carefully to ensure you understand how both fee types are structured. Your attorney will explicitly instruct you on how and when government fees must be paid, which typically requires separate checks, money orders, or specific credit card authorization forms made out directly to the "U.S. Department of Homeland Security." 3. Submitting Your Documents Properly When preparing documents for your attorney, ensure that they are properly scanned using a scanner or a dedicated mobile scanning app. If you must take photos of a document using a smartphone, ensure the camera is perfectly level, the lighting is bright and even, and the image displays the entire document —including all four corners, edges, and margins. Blurry, skewed, or cropped images look unprofessional and raise immediate red flags regarding document alteration. Furthermore, pay absolute attention to signature requirements. While electronic signatures are standard in commercial business, USCIS enforces strict guidelines. Most immigration forms and critical supporting affidavits require an original "wet signature"—meaning you must physically sign the paper document with an ink pen before it is submitted or scanned. Digital fonts or unapproved electronic signatures can result in your entire application package being rejected and sent back, costing you valuable time and filing priorities. 4. Transparency is Key: Providing the Full Picture Your immigration attorney’s sole objective is to protect your interests, advocate for your legal status, and help you achieve your goals. However, an attorney cannot effectively defend you against risks they do not know exist. To ensure a successful outcome, you must provide your legal counsel with a complete, completely unvarnished picture of all relevant facts—both positive and negative—from your very first consultation. Clients are occasionally hesitant to disclose past complications, such as a prior visa denial, an unauthorized period of employment, an arrest or citation, or previous marriages. Concealing these facts from your attorney is incredibly risky. The U.S. government possesses expansive domestic and international databases and will uncover this information during background checks. If your attorney is blindsided by an undisclosed adverse fact mid-process, they cannot prepare a proactive legal defense, alternative strategy, or necessary waiver in advance. Remember that your disclosures are entirely protected by attorney-client privilege; your attorney is there to solve your problems, not to judge them! 5. Managing Expectations: Why Attorneys Cannot Guarantee Outcomes One of the most foundational elements of a healthy attorney-client relationship is alignment on expectations. 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Trust the counsel who gives you an honest assessment of your case's strengths and potential vulnerabilities, rather than empty promises. Conclusion: A Collaborative Approach to Success Achieving your immigration goals is a shared responsibility. Treat your application with the seriousness it deserves, work hand-in-hand with your legal counsel, and you will set yourself on the most reliable path to success. If you are ready to take action on your case and are seeking a competent, experienced, and trustworthy immigration attorney to work with you towards the outcome you are looking for, please contact us today and we will be ready to assist you.
