What is EB1 Immigrant Visa

US has three types of options for employment-based (EB) green card,

1. First preference (EB-1) — skilled workers,
   A: Aliens with extraordinary ability in the sciences, arts, education, business, or athletics; (this is the category we’ll explore here)
   B: Outstanding professors and researchers;
   C: Certain multinational managers and executives.

2. Second preference (EB-2) — advanced degree or exceptional ability,

3. Third preference (EB-3) — skilled workers, professionals, et al.

It is a well-known fact that chances are if your country of birth is either India or China, you have a multi-decade wait in getting a green card in EB-2 and EB-3 categories. So, if you’re unlucky in those departments and don’t want to wait that long, it is worth considering EB1-A.

Learning about EB1-A (person of extraordinary ability)

EB1-A category is for individuals in the field of sciences, arts, education, business, or athletics.

What makes it special?

1. You can self-petition for EB1-A and not be tied to an employer.
   This means that no matter the state of your employment or employer, your EB1-A status remains unaffected.

2. While EB1-A typically remains current, you can port over your EB2/EB3 priority date.

3. A denial or request of evidence (RFE) is not the end of your immigration dreams. USCIS will provide you with a reason. You can still re-apply again!

4. The work you put in to gather and document evidence is good for your career anyway. So, it’s not all a loss, no matter the outcome.

5. You can do it from anywhere in the world. Yes, you don’t need to be physically present in the US or hold any other US visa.

For a successful adjudication for EB1-A, you need to fulfill the two-step analysis of evidence.

First, you must meet at least 3 of the 10 criteria* below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal, Nobel prize) as well as evidence showing that you will be continuing to work in the area of your expertise. No offer of employment or labor certification is required.

1. Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence

2. Evidence of your membership in associations in the field which demand outstanding achievement of their members

3. Evidence of published material about you in professional or major trade publications or other major media

4. Evidence that you have been asked to judge the work of others, either individually or on a panel

5. Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field

6. Evidence of your authorship of scholarly articles in professional or major trade publications or other major media

7. Evidence that your work has been displayed at artistic exhibitions or showcases

8. Evidence of your performance of a leading or critical role in distinguished organizations

9. Evidence that you command a high salary or other significantly high remuneration in relation to others in the field

10. Evidence of your commercial successes in the performing arts

Second, you must fulfill the final merits determination (FMD), Evaluate all the evidence together when considering the petition in its entirety for the final merit determination, in the context of the high level of expertise required for this immigrant classification.