As a foreign national, immigrating legally to the United States can be a complex process. However, if you are a leader in your field or possess exceptional talent, you may be eligible for an EB-1A visa.
You must prove your qualification to be considered for this means of entry. A Boston EB-1A visa lawyer understands what proof will suffice as evidence of ability and has extensive experience obtaining such visas for leaders in the arts, athletics, and the sciences. If you believe you may qualify for an EB-1A visa for people of extraordinary ability, contact an EB-1 visa attorney at Gorton Law today.
An EB-1A visa allows for an expedited immigration process to work in the United States without needing a sponsorship letter from an employer. However, to be eligible for this type of green card, the applicant must demonstrate their extraordinary ability through documentary evidence.
Acceptable evidence includes proof of receiving a major international prize, such as a Pulitzer, Nobel, or Olympic medal. Other applicants must meet three of ten criteria, which include:
The evidence an applicant presents is critical to their success in obtaining this means of entry. A Boston immigration attorney could help an applicant compile the most persuasive documents in a specific EB-1A visa case.
Applicants are entitled to self-petition for an EB-1A visa. Although it is an employment-based visa, it does not require applicants to present a job offer or letter of sponsorship from a prospective employer.
An EB-1A visa holder is entitled to permanent residency in the United States. They may leave and reenter the country while their green card application is pending. Family members of such visa holders may also be eligible for green cards. Our Boston immigration attorneys could answer any questions about how the benefits of an EB-1A visa may apply to a holder’s family members like spouses and children.
“Historically, a major advantage of the EB-1 classification was the ability to pay and file for ‘premium processing.’ But as of June 2022, USCIS will now allow premium processing for EB-2 National Interest Waivers. We’re told that premium processing might expand to all EB-2s in future.” ~ Jamie Gorton, managing attorney.
When an applicant does not have legal assistance completing their application and compiling their supporting documents, the US Citizenship and Immigration Service (USCIS) may reject the application. It is important to note that an individual whose application for an EB-1A visa was refused still has options.
If the USCIS rejects an application, it most likely because necessary information was missing. Applicants may resubmit their application, including the information omitted from the original petition. If an application is denied, an immigration officer has decided that the applicant does not meet the criteria for an EB-1A visa.
If new documentation supporting the applicant’s extraordinary ability exists, the applicant could file a motion asking the USCIS to reconsider the rejection. Filing an appeal may be appropriate if the USCIS evaluator did not consider all the evidence or was found to have made a mistake. If the applicant has a job offer, it may be faster and more straightforward to apply for an EB-1B or EB-1C visa. A Boston EB-1A visa attorney could review the communication from the USCIS to determine the best way forward.
Understanding how to satisfy the requirements for an EB-1A visa may be tricky without proper legal guidance. A Boston EB-1A visa lawyer could help you build a compelling case demonstrating your extraordinary talents or abilities. If the USCIS has already refused to issue the visa, an attorney could help you respond in a way that helps justify the award of an EB-1 A visa.
Your chances of success may be increased by working with legal counsel that understands the requirements for proving extraordinary abilities. Contact us at Gorton Law today to get started.
