EB-1A Visa for Extraordinary Ability

At Zneimer & Zneimer PC, we specialize in guiding extraordinary individuals through the EB-1A visa process, which allows noncitizens with extraordinary achievements in the sciences, arts, education, business, or athletics to apply for U.S. permanent residency. This visa category is tailored for those who have demonstrated sustained national or international acclaim and whose entry into the U.S. would substantially benefit the nation.

Eligibility Criteria for the EB-1A Visa

To qualify for an EB-1A visa, applicants must meet the following criteria:

1. Extraordinary Ability: You must have extraordinary ability in your field, evidenced by sustained national or international acclaim. This can be shown through extensive documentation that recognizes your achievements.
2. Intent to Continue Work: You must intend to continue working in your area of extraordinary ability upon entering the United States.
3. Benefit to the United States: Your presence in the U.S. must prospectively benefit the country significantly.

Legal Standards and Application Process

The legal framework for the EB-1A visa is outlined in 8 U.S.C. § 1153(b)(1)(A) and further detailed by 8 C.F.R. § 204.5(h). Applicants must demonstrate a level of expertise indicating they are among the small percentage who have risen to the very top of their field.

Evidence Required

Applicants must submit either:

1. Evidence of a one-time achievement, such as a major, internationally recognized award, OR

At least three of the following:

1. Nationally or internationally recognized prizes or awards for excellence
2. Membership in associations requiring outstanding achievements of their members
3. Published material in major media or professional publications about the applicant’s work
4. Participation as a judge of others’ work in the same or an allied field
5. Original contributions of major significance in the field
6. Authorship of scholarly articles in professional publications or major media
7. Display of work at significant exhibitions
8. Performance in a leading role for organizations with a distinguished reputation
9. Command of a high salary or significantly high remuneration in relation to others in the field
10. Commercial successes in the performing arts, evidenced by box office receipts or sales

Adjudication Process

USCIS evaluates the totality of the evidence provided to determine eligibility based on the criteria set forth in 8 C.F.R. § 204.5(h)(3), as interpreted by relevant case law, including Kazarian v. U.S. Citizenship & Immigration Services.

Proving Your Case

As established in Matter of Chawathe, applicants must demonstrate by a preponderance of the evidence that they are eligible for the visa. This means the evidence must show that it is more likely than not that the claims are true.

Why Choose Zneimer & Zneimer PC?

With a profound understanding of immigration law and a commitment to personalized service, Zneimer & Zneimer PC is equipped to assist you in navigating the complexities of the EB-1A visa. Our team ensures your application stands the best chance of success by meticulously preparing and reviewing your documentation.

Get Started Today

Contact Zneimer & Zneimer PC to begin your journey toward achieving U.S. permanent residency through the EB-1A visa. Let us help you leverage your extraordinary abilities to secure a promising future in the United States.