Alien of Extraordinary Ability (EB-1A)

Q: What is Eb-1A?

A: Eb-1A, also known as green card for "alien with extraordinary ability," is an employment-based first priority immigrant visa.

Q: Who is qualified for Eb-1A?

A: Eb-1A is given to individuals with extraordinary ability in the sciences, arts, education, business, or athletics who have demonstrated sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation. Applicants must be one of the small percentage who have risen to the very top of the field of endeavor.

Q: How can I prove that I have "extraordinary ability"?

A: According to USCIS regulations, if you receive a major internationally recognized award, such as a Nobel Prize, you will automatically qualify for an Eb-1A visa. Other awards may also qualify if you can document that the award is in the same class as a Nobel Prize. Since very few individuals receive this type of award, alternative evidence of Eb-1A classification, based on at least three of the types of evidence outlined below, is permitted:

1. Receipt of lesser nationally or internationally recognized prizes or awards for excellence;
2. Membership in associations in the field which demand outstanding achievement of their members;
3. Published material about the alien in professional or major trade publications or other major media;
4. Evidence that the alien has judged the work of others, either individually or on a panel;
5. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
6. Evidence of the alien's authorship of scholarly articles in professional or major trade publications or other major media;
7. Evidence that the alien's work has been displayed at artistic exhibitions or showcases;
8. Performance of a leading or critical role in distinguished organizations;
9. Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field;
10. Evidence of commercial successes in the performing arts;
11. Other comparable evidence.

Q: How do I know if I am qualified for the Eb-1A petition?

A: Now you know at least something about Eb-1A from our website. If you are wondering whether your credentials specifically qualify you to file an Eb-1A petition, or how high your chance is to be approved, e-mail your resume or curriculum vitae to evaluation@niwus.com. One of our attorneys will personally review your credentials and get back to you with a written evaluation within two work days. The evaluation is free and you are under no obligation to retain us after the evaluation.

Q: What can I expect to see in your evaluation?

A: The information provided in the initial evaluation may be different case by case because we do not use a broad brush template to answer every request. Each individual case is unique. Essentially, however, our evaluation includes the following information: (1) whether your credentials meet the minimum Eb-1A requirements; (2) whether your case has a reasonable chance to be approved; and (3) if, in our best judgment, you are not qualified for Eb-1A, what other options you have to obtain a green card.

Q: Can I file Eb-1A and NIW Eb-2 petitions at the same time?

A: Yes. Both Eb-1A and NIW Eb-2 are Form I-140 petitions. The law does not prohibit multiple I-140 petitions for the same beneficiary. In fact, some clients file Eb-1A and NIW Eb-2 petitions at the same time to increase their chance of approval. This is perfectly fine under U.S. immigration law.

Q: What can a lawyer do for me in my Eb-1A petition?

A: In immigration petitions, just as in any area of law, an attorney's experience and professional expertise can make a difference. The Eb-1A petition is a complicated legal process. Our work includes, but is not limited to, (1) counseling client at every point of the process; (2) assisting client in collecting useful information and supporting documents; (3) drafting, reviewing and editing recommendation letters; (4) organizing the documents provided by client; (5) preparing the immigration forms; (6) drafting the petition letter; (7) preparing and filing the petition package; (8) tracing the progress of USCIS adjudication; (9) answering RFE (request for evidence) if one was issued; (10) advising client of compliance with the immigration issues and options while his/her NIW case is pending; and (11) contacting USCIS if necessary.

Q: How are Eb-1A cases handled by LPY Law Group?

A: All cases, including Eb-1A cases, are diligently handled by experienced attorneys in our office, not paralegals or legal assistants. We strictly follow the deadlines set forth in our work procedures to process each individual case. For details about our work procedure for processing Eb-1A cases at LPY Law Group, please click HERE for a Step by Step Procedure Flowchart.

Q: What is the approval rate of Eb-1A cases handled by LPY Law Group?

A: The approval rate of Eb-1A cases handled by LPY Law Group is substantially higher than the national average. We has helped numerous talented foreign nationals obtain permanent residency through the classification of Alien of Extraordinary Ability. Click HERE for our Recently Approved Eb-1A Cases.