EB-1A

A visa for the extraordinary.

Are you an individual of extraordinary ability seeking to bring your talent to the United States? The EB-1A is an employment-based visa that allows extraordinary persons, including but not limited to doctors, scientists, athletes, artists, entertainers, entrepreneurs, etc., to obtain a green card and become permanent residents in the United States. 


The EB-1A visa is sometimes referred to as the "Einstein" visa. It is highly sought after because (1) it grants the beneficiary permanent residency (green card) and (2) it does not require a job offer, allowing individuals to self-petition. At CARNEY Immigration, our EB-1A visa attorneys will help turn your talent into a top-notch immigration petition.

This visa category is ideal for those who have achieved significant recognition and prominence in their field.

Key Requirements:

Client Profile:

Individuals with a distinguished career in arts, sciences, education, business, or athletics.

Those with a sustained record of extraordinary achievements and recognition in their field. 

If you have received international recognition such as a Nobel prize or an Academy Award, such awards are sufficient to show extraordinary ability. All other foreign nationals must prove at least three of the following ten criteria: 

 

·      You have received nationally or internationally recognized prizes or awards for excellence in your field;

·      You are a member of distinguished associations which require that their members have outstanding achievements that have been judged and recognized by national or international experts in their fields. 

·      There exists published material in professional/major trade publications or major media about you relating to your field of work;

·      You have participated as a judge – individual or as a part of a panel – evaluating the work of others;

·      You have made original scientific, scholarly or artistic contributions of major significance;

·      You have authored scholarly articles in professional journals or other major media; 

·      You have participated in artistic exhibitions and shows;

·      You hold a leading role within an organization/establishment with a distinguished reputation;

·      You receive a high salary/compensation for your services in comparison to others;

·      You have achieved commercial success within the performing arts.

FAQ

 

Do I need an employer to petition for me?

 

The EB-1A application does not require an employer to petition for you. Individuals may “self-petition” without a job offer or U.S. employer. 

 

Can my spouse and children accompany me?

 

Yes, your spouse and children under 21 will be eligible to obtain green cards, live, work, and/or study in the United States upon approval.

 

Is premium processing available?

Yes, premium processing is available for EB-1 visa petitions for $2,500. However, the Department of Homeland Security (DHS) is increasing the fees to reflect inflation, increasing the fee to $2,805 effective February 26, 2024. Requests for premium processing postmarked on or after February 26, 2024 must include the new fee.

 

Do I need to wait for my priority date to become current? Is there a cap?

 

No. Unlike some other employment-based visas, EB-1 applicants do not need to wait for a visa to become available. EB-1 visas are first preference category and there is no cap or numerical limitation. 

 

What is CARNEY Immigration’s experience with EB-1 petitions?

 

We have successfully assisted nationally and internationally famous athletes, artists, academic researchers, doctors, and more in achieving permanent residency and bringing their dreams to life through the EB-1 extraordinary ability visa.