EB-1A Visa – EmpireFly | School and Work in Canada

What is an EB-1A Visa?

The EB-1A Visa is a program for highly accomplished foreign professionals to immigrate to the United States. It is designed for individuals who have excelled in their career fields and offers them the opportunity to permanently live and work in the US, along with various benefits.

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Benefits of the EB-1A visa

The EB-1A Visa offers a range of benefits for both foreign national professionals and the host country. Some key benefits include:

Permanent residence in the United States

As a highly skilled foreign professional, you have the chance to become a permanent resident in the United States. This means you can stay in the country indefinitely and have the stability to establish yourself and work here long-term.

Recognition of Professional Achievements

With the EB-1A Visa, you can bypass the lengthy labor certification process typically required for other types of employment-based visas. This means that you can quickly and efficiently obtain permanent residency in the United States based on your exceptional abilities and accomplishments.

Premium Application Processing

One of the key advantages of the EB-1A Visa is its expedited processing timeline. The United States Citizenship and Immigration Services (USCIS) prioritizes EB-1A applications due to the exceptional nature of the individuals applying for this visa category. As a result, applicants typically receive a faster response compared to other immigration programs.

The accelerated processing of EB-1A applications reduces waiting times and provides greater certainty in the immigration process. This can be particularly beneficial for individuals who are eager to start working or conducting research in the United States as soon as possible.

Overall, the expedited processing of EB-1A Visa applications is a significant advantage for individuals looking to establish themselves in the US quickly and efficiently based on their extraordinary abilities and achievements.

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Main requirements of the EB-1A visa

To be eligible for the EB-1A Visa, you must meet certain requirements established by the United States Citizenship and Immigration Services (USCIS). Some common requirements include:

Have the required documents In order to proceed, make sure you have the necessary documents. You need to fill out two important forms: the Form I-140, which is called the Immigrant Petition for Alien Worker, and the Form DS-260, an online application for an immigrant visa.
Demonstrate Extraordinary Ability: To demonstrate extraordinary ability, you need to provide evidence that shows your exceptional skills and achievements in your field. This can include reference letters from experts in your industry, involvement in relevant professional organizations, and significant contributions to your area of expertise. These pieces of evidence will help showcase your exceptional talent and expertise to others.
Meet Specific Criteria for the EB-1A Category: The EB-1A Visa is a type of visa that is divided into different categories based on the type of applicant. These categories include outstanding professionals, outstanding researchers, and outstanding professionals in the arts or sports. In order to qualify for the EB-1A Visa, you must meet the specific criteria that have been established for the category you are applying for.

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Eligibility criteria for EB-1A visa

To be eligible for the EB-1A visa, individuals must show that they possess exceptional abilities in their specific field. This means demonstrating a high level of expertise that places them among the top individuals in that field. There are two main ways to prove this exceptional ability: either by showcasing a significant accomplishment like winning a Nobel Prize, Pulitzer Prize, Olympic Medal, or Academy Award, or by meeting a minimum of three out of ten specific criteria outlined below by the U.S. Citizenship and Immigration Services (USCIS).

CRITERIA 1: Receipt of lesser nationally or internationally recognized prizes or awards for excellence.
CRITERIA 2: Membership in associations in the field which demand outstanding achievement of their members.
CRITERIA 3: Published material about the applicant in professional or major trade publications or other major media.
CRITERIA 4: Participation as a judge of the work of others in the same or an allied field.
CRITERIA 5: Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field.
CRITERIA 6: Authorship of scholarly articles in professional or major trade publications or other major media.
CRITERIA 7: Display of the applicant’s work at artistic exhibitions or showcases.
CRITERIA 8: Performance in a leading or critical role for organizations or establishments that have a distinguished reputation.
CRITERIA 9: High salary or other remuneration for services.
CRITERIA 10: Commercial successes in the performing arts.

Applicants must also show that they intend to continue working in their field of extraordinary ability in the United States and that their work will substantially benefit the U.S. national interest.

Application process for EB-1A visa

The application process for the EB-1A visa consists of two steps:

Form I-140

Filing Form I-140 (Immigrant Petition for Alien Worker) with USCI

Applying at a U.S.

Applying for an immigrant visa at a U.S. consulate abroad or adjusting status to permanent resident within the United States.

If Form I-140 is approved

The availability of immigrant visas is determined by the applicant’s country of birth and the current visa bulletin issued by the Department of State.

As of March 2023, there is no backlog for EB-1A visas for applicants born in countries other than China and India. This means that applicants from countries other than China and India can proceed with their application without having to wait for a visa to become available.

However, for applicants born in China and India, there is a backlog. They must wait until their priority date (the date when Form I-140 was filed) becomes current before they are able to apply for an immigrant visa or adjust their status. This means that they will have to wait until a visa becomes available for their specific priority date before they can move forward with their application process.

DS-260 and interview required

To apply for a visa that allows you to move to another country and become a permanent resident, you need to fill out a form called DS-260 online and set up an interview at a U.S. consulate in another country.

In addition to the form and interview, you will need to have a medical check-up and provide various documents like your passport, birth certificate, marriage certificate (if you are married), a police clearance certificate, and evidence of financial support. The cost for this type of visa is $345.

I-485 application: requirements and fee

To become a permanent resident, individuals need to submit Form I-485 (Application to Register Permanent Residence or Adjust Status) to the United States Citizenship and Immigration Services (USCIS). Along with this form, they must provide additional documents like a passport, birth certificate, marriage certificate (if married), a medical examination report, and evidence of legal presence in the United States. The application fee for Form I-485 is $1,225.

Apply for your EB-1A Visa today

If you are a highly skilled foreign professional looking to permanently move to the United States, the EB-1A Visa could be a suitable option for you. It is important to meet all the necessary requirements and seek appropriate guidance to help with your application process.

Visa Franchise is ready to offer full support throughout the entire process. Our team of experts will provide personalized assistance, help gather the necessary documents, and offer all the information needed to increase your chances of success in your EB-1A Visa application.

Petition approval rate

According to the United States Citizenship and Immigration Services (USCIS) data, in the fiscal year 2020, there were a total of 10,592 petitions filed for the EB-1A visa category. Out of these petitions, 6,304 were approved, 3,328 were denied, and 960 were still pending at the end of the fiscal year. The overall approval rate for EB-1A petitions in 2020 was 59.5%, which is slightly lower than the approval rate in the previous fiscal year, which was 61.5%.

Top 10 сountries of origin for EB-1A petitioners in FY 2020

In the table provided, it is evident that China and India are the most common countries of origin for EB-1A petitioners, making up more than half of all petitions filed in fiscal year 2020. However, despite their high numbers, these two countries have lower approval rates compared to the average, standing at 54.5% and 60.5% respectively. This discrepancy in approval rates could be attributed to the heightened scrutiny and evidence required for applicants from these countries.

Conversely, some countries exhibit higher approval rates than the average, such as Germany (69.6%), France (68.8%), Canada (67.5%), United Kingdom (67.7%), South Korea (65.9%), Iran (65.7%), Brazil (65.5%), and Japan (64.4%). These countries might have fewer applicants overall, but those who do apply tend to be more qualified and able to meet the rigorous standards of the EB-1A visa.