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  • Posted on:  24 September 2019

EB-1A: You Can Self-Petition. But Should You?

It really doesn’t take much to qualify and be approved for an EB-1A Visa for entry into the United States. There are really only six things you must be able to do to be eligible as one of the 4,000 EB-1A approved in any given fiscal year. The United States government’s fiscal year begins on October 1st each year and extends through September 30 the following calendar year.

  • You have to be among the best of the best in your area of expertise in the arts, sciences, or sports
  • You can prove it.
  • You are willing to commit to remaining in the United States for the express purpose of continuing to work in your field of expertise.
  • You can prove it.
  • Your presence and work in the U.S. will substantially benefit the country.
  • You can prove it.

EB1A Self-Petition Paradox

The convenience of being able to self-petition for an EB1A Visa is one of the visa’s main selling points. However, being allowed to self-petition and being able to do it successfully are two different things.

Whether you know for sure that you qualify for EB-1A status or you think you are eligible, you must still convince an official from the USCIS who will determine whether or not he believes that you qualify. You must prove your level of expertise. You must prove your intent to remain in the U.S. in your field of expertise. You must prove that your presence and contribution with substantially benefit the country.

Proving these things may not be so easy. Being able to pitch a baseball into the strike zone at 100 mph repeatedly does not make you an expert in dealing with immigration officers who review petition pitches day in and day out. Who knows how many of those petitioners qualify but are denied because they cannot quantify the value of their expertise and the potential value of their contribution to the United States?

The petitioning process, particularly the interview, is all about marketing. It’s not about presenting your story. It’s about explaining the value of your account. It often takes the wise counsel and assistance of a qualified Immigration Attorney to ensure the success of getting an EB-1A visa. Pitching a fastball may be your expertise. Pitching a perfect EB-1A petition is our expertise.

There is simply too much to gain to lose just because self-petitioning sounds like a shortcut to obtaining your visa.

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, and how to prepare it and present it successfully.

If for any reason, our Immigration Attorneys determine that you may not have the qualifications for approval, they are usually able to offer reasonable alternatives. 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, 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.


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