The EB-1A is a truly outstanding visa for those people who are truly outstanding in their field of endeavor. The USCIS offers 40,000 visas each year for people it classifies as “aliens of extraordinary ability.” If you wish to immigrate to the United States and you can prove that you have “extraordinary ability, you may qualify for the highly-coveted EB-1A Visa.
Whether you are a performer, an athlete, an education, a scientist, a businessperson, or an artist, you may qualify. However, you must be able to demonstrate that you possess a proven level of expertise that places you in the very top percentage of people in your field at an international level.
Although the visa is classified as “employment-based,” no offer of employment is required to petition for approval. An applicant must, however, indicate a commitment to continue to participate in some beneficial manner in his or her field of expertise.
EB-1A Processing Time
The processing time for an EB-1A Visa, assuming that all documentation is and paperwork is completely and accurately prepared, can be relatively short, measuring in weeks or a few months.
There are rarely, if ever, and backlogs or long waiting periods. This may have to do with the fact that the list of people of truly extraordinary ability is only a small percentage of the global population.
Would being an Olympian be sufficient to qualify for an EB-1A Visa?
By way of illustration only, Olympic athletes are generally considered to have extraordinary ability. About 11,000 athletes from 87 countries competed in Rio de Janeiro. Would being an Olympian be sufficient to qualify for an EB-1A Visa? The fact is that it may not be enough. Olympic medal winners, however, are much more likely to be approved. Only 59 of the 11,000 athletes won gold medals. Those 59 would have a better chance of qualifying for an EB-1A Visa than the other 10,941.
Likewise, there might be a perceived difference between being a member of an award-winning athletic team and being the most valuable player.
Ultimately, the decision concerning an individual’s qualification is made by a representative of the U.S. State Department after interviewing the applicant and reviewing their documentation.
If you believe that you can qualify for EB-1A status, please contact us. Our experienced legal staff can help ascertain how the State Department would rule in your case. We know the kinds of documentation you will need. Should our Immigration Attorneys determine that you may not have the qualifications for approval, they are usually able to offer reasonable alternatives.
If you don’t qualify, it is better to learn from an Immigration Attorney representing your case. If you do qualify, you can rest assured that those same attorneys will ensure that your application and documentation are correctly completed before submission. We know how to manage the process efficiently and effectively.
Gregory Finkelson, our Immigration Attorneys at ACS Law Firm, and our entire staff at American Corporate Services, Inc., are prepared to answer your questions about the EB-1A Visa program and show you how we can help make your immigration dream come true.