Employment Based First Preference Immigrant Visa Category (EB-1A)

The Employment Based First Preference Immigrant Visa Category (“EB-1A”) is available for persons who have received national or international acclaim for outstanding achievements in Science, Arts, Education, Business or Athletics.

Benefits of EB-1A Immigration

• Qualify for lawful permanent residence for you and your qualified family members
• Ability to work in your area of expertise in the United States.
• Children admitted to public universities at same tuition as U.S. residents/citizens.
• Ability to sponsor relatives for permanent residence.
• Can qualify for U.S. citizenship after five years as a permanent resident.

EB-1A Qualification Criteria

Examples of persons who might qualify as having extraordinary ability might be an Olympic medal winning athlete, or a Nobel Prize winner, or otherwise be able to demonstrate achievement through documentation of three of the following areas of achievement:

1. Receipt of lesser nationally or internationally recognized prizes or awards for excellence;
2. Membership in associations in the field that demand outstanding achievement of their members, as judged by recognized national or international experts;
3. Published material about the applicant in professional or major trade publications;
4. Evidence that the applicant is a judge of the work of others in the field;
5. Evidence of the applicant’s original contributions of major significance to the field;
6. Authorship of scholarly articles;
7. Display of the applicant’s work at artistic exhibitions or showcases;
8. Evidence the applicant has performed in a leading or critical role for organizations that have a distinguished reputation;
9. Evidence that the applicant commands a high salary in relation to others in the field; or
10. Evidence of commercial success in the performing arts.

Even showing documentation in three of the above criteria may not be enough to qualify the applicant for the EB-1A visa. The applicant must demonstrate he or she has obtained “a level of expertise indicating that the individual is one of a small percentage of persons who have risen to the very top of the field of endeavor”.  Although no offer of employment is required, the applicant must include with the petition convincing evidence that he or she is coming to continue their work or endeavor in the area of expertise and that the entry of the applicant will substantially benefit prospectively the United States.

How to apply for the EB-1A Visa

• Our office collects all the information that we need from you at the start of the case and we will complete all the forms that are required throughout the process so you do not have to.
• Our office completes and files a Form I-140 Petition with the United States Citizenship and Immigration Services (“USCIS”) with supporting documentation.
• Once USCIS receives the Form I-140 Petition, a receipt number is issued. Processing times vary greatly depending on which USCIS service center processes.  You may choose to pay extra for Premium Processing, which is a 15 business day review and adjudication.
• After USCIS approves the Form I-140 Petition, the file will be sent to the National Visa Center (“NVC”).
• Our office completes additional documentation including a DS-260 Online Visa Application, as well as supporting documentation required by the NVC.
• After all documentation is approved by the NVC, the file will be documentarily qualified before it is sent to the U.S. Embassy or Consulate and you will be scheduled for an interview.
• Our office will be notified that the U.S. Embassy or Consulate has received the file and an interview date has been scheduled.
• You will need to schedule a medical evaluation before proceeding for the visa interview.  We will guide you on scheduling a medical evaluation.
• Upon receiving medical clearance, the interview may proceed.
• Our office will prepare a final checklist of documentation as well as hold interview preparation sessions before the scheduled appointment.
• On the day of the interview, we will be available to answer calls or questions or any issues arise.
• Provided that there are no outstanding issues, the consular officer will approve your immigrant visa and you will receive the EB-1A immigrant visa within a few days.
• You will have about six months to fly to the United States.  Upon entry, you will be a lawful permanent resident and receive your green card in the mail in about one month. 

Why Choose Our Firm for your EB-1A petition and application process?

Our firm has over 30 years of combined experience in representing applicants for business and investment visas such as the EB-1A visas.  We offer a full-service, hands-on, comprehensive package designed to see the entire process through from beginning to end. As immigration attorneys who have hands-on experience in working directly with the U.S. Consulates in Ho Chi Minh City and the U.S. Embassy in Manila and across Asia.  We provide our clients with a unique and personalized approach unmatched by other immigration attorneys.