It doesn’t matter whether you are getting an eb-1 green card or an eb-2. You will need to deal with priority dates. If you are unsure what a priority date is, here is a quick run-through. Your priority date is the day that the uscis obtains your green card petition. The department of state sends out a visa bulletin every month detailing the “final action” dates for each green card category according to the applicant’s country of origin. You will need to check each month’s visa bulletin to see how your priority date matches up. Once your priority date meets or passes the final action date in your category and country, your date will be current, and you can either adjust your status by filing an i-485 petition or go through consular processing.
You first need to have your employer file an i-140 petition on your behalf with the uscis. Even though you are applying for an eb-1, you still need a valid job offer from a u. S. Employer. The only green cards that do not require a sponsor are the eb-1a, the eb-5, and the eb-2 with a national interest waiver. The next step will be to wait until your priority date is current. Fortunately, the dates for the eb-1 are usually automatically current. However, this is not always the case. Check the latest visa bulletin here to see where you stand. https://scholar.google.com/scholar_case?case=9161933274598536818&q=eb1+visa&hl=en&as_sdt=6,33
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As long as the petitioner provides a complete list of documents that prove his or her qualifications and extraordinary ability, the approval rate is almost 100%. In 2010, that approval rate was at 62% — however, it has gradually increased to the near 100% approval rate we have today. Due to the intricacy of the eb1a application process, it is very important that candidates retain the services of a skilled immigration lawyer.
This can greatly improve your odds of being approved. Path law group has substantial legal experience in helping people with eb1a applications and dealing with any issues that might take place.
* Criteria for Demonstrating Extraordinary Ability
In order to qualify, you must demonstrate that you have extraordinary ability in the arts, sciences, business, education, or athletics. This must be demonstrated by sustained national or international acclaim, and your achievements must have been recognized in your field through extensive documentation. You must be entering the us to continue work in your area of extraordinary ability, and your entry must substantially benefit prospectively the us. No offer of employment is required. Uscis uses a two-part adjudicative approach to evaluate the evidence submitted. First, you must meet 3 out of 10 criteria. If these criteria do not readily apply to your occupation, you may submit comparable evidence to show your eligibility.
Defining your field of expertise one of the key elements required for a successful eb-1a is to define your field of extraordinary ability. Whether you are working in the field of science, business, or the arts, we must narrow down your specific area of expertise to make it easier to show how extraordinary you are in that space. This often requires several conversations with clients to pinpoint their exact area of expertise. This way, using the above criteria, we can argue and demonstrate that the applicant is at the top of his or her field. What types of applicants may qualify for the eb-1a?.
The classification “extraordinary ability” is a category reserved for that small percentage of people who are considered to have reached the very top of their field of expertise and are coming to the united states in order to continue working in that field. There are two different methods to establish that you have extraordinary ability. The first method is to prove that you have a major, internationally recognized award, like the nobel prize for example. In order to show that award is of that high caliber, evidence should include some of the following: the nature of criteria used to grant the award
an eb-1 visa is an employment-based visa used for individuals who are considered to be among the top members of their field in science, art, education, business, or athletics. The category is also open to extraordinary professors and researchers, and managers and executives of multinational companies. The program enables foreigners to obtain a green card and become lawful permanent residents of the united states. The major benefits of the eb-1 visa include the ability to live and work in the united states, to travel freely in and out of the country and the opportunity for visa holders to bring their spouse and dependent children with them to the united states.
The eb-1 processing time is broken up into three main stages. The first stage involves having an i-140 petition processed. This can take an average of six months, but petitions for the eb-1a and eb-1b can be expedited through an optional feature called premium processing , which allows petitioners to pay an additional fee and file an i-907 form in order to shorten the normal i-140 processing time from that six-month average to just 15 calendar days. The second stage involves something called priority dates. When a family or employment-based green card petition is received by the uscis, this date is established as the petition’s priority date.