EB1-A is an immigration classification for foreign nationals that have extraordinary ability in the field of Art, Education, Science, business, or athletics. The most appealing thing about an EB1-A visa is that the foreign national does not have to have a prospective employer, unlike some of the other visa categories. The foreign national does however have to continue their work in whatever field they are currently working in.
Furthermore, the foreign national must show that their immigration into the United States will be a benefit to the U.S. Lastly, the foreign national must show that they are at the top of their respective field, either by national or international acclaim with some sort of recognition of their achievements.
As stated earlier, one of the most appealing factors for an EB1-A visa is the fact that there does not need to be a labor certificate required, and the foreign national may self-petition. This means that the foreign national does not have to have a job waiting for him/ her when they immigrate into the United States. Once they arrive however, it is expected that the foreign national continues their work in the field which they have an extraordinary field.
Lastly, just because you are allowed to self-petition, that does not mean it is a good idea for the foreign national to do all the paperwork themselves. That is because filing and gathering all the necessary documents and forms can be a complicated task. In order to be sure that you meet the requirements and/ or to properly file a petition, it is advisable to seek legal guidance from an experienced and knowledgeable immigration attorney.
It is up to the petitioner to show that they qualify for an EB1-A visa. The petitioner must show that they have sustained national or international acclaim for their achievements. Furthermore, the petitioner must also show that they wish to enter the United States so that they continue their work in their current field, and that that work will benefit the U.S.
“Very top of the Endeavor “one of the criteria that the petitioner must show they meet. This means that in order to qualify for an EB1-A visa, they must be in the top percentage of their field. An easy way to prove this is to win an international award such as a Noble Peace Prize, Olympic Medal, or something comparable to those awards. If you have not received an internationally recognized award such as those that were listed, then fear not, there are many other awards or forms of recognition that may help meet that criteria.
Again, it is important, it is advisable to seek legal guidance from an experienced and knowledgeable immigration attorney. There are also other requirements that the petitioner must meet and/ or prove. This is why even though a foreign national is allowed to self-petition, it is generally a good idea to seek legal advice from an experienced and knowledgeable immigration attorney, in order to make sure they fulfill all the requirements needed to qualify for an EB1-A visa.
In order to be sure that you meet the requirements and/ or to properly file a petition, it is advisable to seek legal guidance from an experienced and knowledgeable immigration attorney.
This is an immigration legal blog. It is not intended to be used as legal advise. For further information please contact the law offices of attorney Ramona Kennedy.
Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California (USA). Ramona Kennedy is a member of American Immigration Lawyers Association (AILA). Ramona Kennedy is fluent in English and Farsi (reading & writing) & speaks Azeri Turkish.
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