> Overview

An individual with extraordinary ability in the sciences, arts, education, business, or athletics may petition for a green card for himself or herself by filing an I-140 under category EB-1A. No job offer is required for this category and there is usually no wait for a priority date, letting the individual simultaneously file an I-485 and receive his or her green card faster. The EB-1A is nearly always the best choice for those in the top of their field.

Due to the EB-1A petition's very high standards, we strongly encourage anyone wishing to pursue an EB-1A petition seek the counsel of an immigration attorney.

> What does extraordinary ability mean?

The government considers someone to have extraordinary ability if he or she has received or been nominated for a Nobel Prize, Academy Award, or a similar honor or can demonstrate at least 3 of the following:

• Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor
• Membership in associations in the field of endeavor, requiring outstanding achievements of their members as judged by recognized national or international experts in their fields
• Published material about the individual in professional or major trade publications relating to the individual's work in the field of endeavor
• Participation as a judge of the work of others in the same or an allied field of specialization
• Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field of endeavor
• Authorship of scholarly articles in the field of endeavor published in professional or major trade publications or other major media
• Display of the individual's work in the field of endeavor at artistic exhibitions or showcases
• Performance in a leading or critical role for organizations or establishments with a distinguished reputation
• Command of a high salary or other significantly high compensation for services, compared to others in the filed of endeavor
• Commercial success in the performing arts, demonstrated by box office receipts or recording sales

The government will consider alternate comparable evidence for individuals in fields for which the above criteria do not readily apply.

The government will evaluate the evidence provided for meeting the standard and if the standard is met, evaluate once more to determine if the totality of evidence demonstrates sustained national or international acclaim.

> What documentation is needed?

We recommend providing as much evidence as possible demonstrating extraordinary ability or achievement to the government’s satisfaction. Most EB-1A petitions qualify by showing at least 3 of the 10 categories of acceptable evidence. While it's possible to have a single document fulfill 3 categories, we prefer to craft petition packages including dozens of documents fulfilling at least 5 categories. We encourage supplying enough valid supporting evidence to overwhelm the government's evaluator.

In addition to the required documentation, we strongly encourage that letters of recommendation be included in the EB-1A petition package. These letters will help the evaluator understand the importance of the documents submitted to support petition.. We will work with each of your providers to craft the best letters for you. Each letter should demonstrate that:

• The provider has the qualifications and reputation to provide a professional opinion of the individual's qualifications
• The individual's achievements and contributions are of major significance
• The individual's publications, awards, and memberships in professional associations are significant
• The individual's knowledge, abilities, or experience are above that of your professional peers
• The individual will use his or her knowledge, abilities, or experience to significantly benefit the US

Any documents written in a language other than English must be accompanied by a sworn English translation.

> Can family members also receive green cards?

Yes. The extraordinary individual’s opposite-gender spouse and all children under age 21 may also receive green cards.

> When can the petition be filed?

We encourage individuals petitioning for an EB-1A to do so no earlier than one year before their intended work in the United States will begin.

> How long does the EB-1 petition process take?

There is no specific length of time the government takes to decide an EB-1 petition. A decision could be reached within days or it could take a year. We suggest one should expect a wait of at least 3 months with most petitions taking 6 to 9 months.

> Is there a way to speed up the process?

Yes. An extraordinary ability I-140 petition can be filed with premium processing. The government will make a decision on the petition within 15 calendar days of receiving the petition. The government's fee for this service is $2500, which will be refunded if it fails to meet its deadline.

> How much does it cost?

The government's fee for an EB-1 petition is $700. If the researcher or professor will remain in the US to await a green card, an additional $1225 is required for the I-485, or if the researcher or professor will obtain an immigrant visa at a consulate after approval of the EB-1 petition, the government will charge fees of $325 before the interview and $220 after the interview. This does not include attorneys fees and other expenses.

> I think I qualify for an EB-1 green card. What do I do now?

Contact us to schedule a consultation.

> I don’t think I’m extraordinary enough for the EB-1 green card. What can I do?

Contact us to schedule a consultation. You may be underestimating yourself!

We suggest anyone considering an Extraordinary Ability petition to also consider the National Interest Waiver or the EB-1 for Outstanding Scholars and Researchers.