EB-1A Visa Lawyers for Extraordinary Ability

USCIS defines “extraordinary ability” as a level of expertise indicating that the individual is one of the small percentage who have risen to the very top of their field. To qualify, petitioners must provide evidence of a widely recognized achievement, such as an Academy Award, Pulitzer Prize, or Nobel Prize, or, more commonly, meet at least three of the 10 evidentiary criteria outlined in the regulations. 

Petitioners must also demonstrate sustained national or international acclaim and show that their work will substantially benefit the United States. For more details, check out our in-depth look into EB-1A eligibility criteria.

The final merits determination is the second step in the EB-1A adjudication process. At this stage, a USCIS officer reviews the petition in its entirety to determine eligibility. Using the “preponderance of the evidence” standard, the officer determines if it is “probably true” or “more likely than not” that the petitioner is at the top of their field. All relevant evidence, including quality and quantity, is evaluated to determine whether the petitioner has sustained national or international acclaim. A high bar is applied, requiring petitioners to submit clear, concise, and comprehensive evidence.

Yes, you can apply for the EB-1A visa without a job offer. The EB-1A classification is unique among visa categories under EB-1, as only EB-1A allows self-petitioning. This flexibility enables individuals with extraordinary abilities to seek permanent residence in the U.S. independently, without relying on a job offer or employer sponsorship. As the petitioner, you can submit your own application, providing evidence of your exceptional talent and achievements.

To apply for an EB-1A visa, first review the requirements and ensure you meet the eligibility criteria. Consult an EB-1A immigration attorney for guidance. Then, file Form I-140 with USCIS, providing evidence of extraordinary ability and intent to continue work in the U.S. This visa allows self-petitioning, eliminating the need for a job offer. Premium processing is available, shortening the processing time to 15 days. After approval, apply for a green card via Adjustment of Status or Consular Processing. 

The EB-1A visa is one of several options for highly skilled individuals, including EB-1B, EB-2, and O-1 visas. EB-1A stands out for allowing self-petitioning and offering a direct path to a green card without going through the labor certification process. While O-1 and EB-1A requirements are similar, EB-1A has higher standards. Choosing the right category depends on individual circumstances, career goals, and need for permanent residency.

While not required, consulting an experienced EB-1A visa lawyer can be beneficial in navigating the complex application process. A lawyer can provide sound guidance, help avoid legal issues, and increase the chances of a successful application. With expert advice, you can effectively showcase your extraordinary abilities and achieve your goals in the United States. 

At Colombo & Hurd, we offer comprehensive immigration services, backed by deep knowledge of U.S. immigration law and extensive experience handling EB-1A visa cases. 

When selecting an EB-1A lawyer, it’s important to choose a team with extensive experience, a proven track record, and a deep understanding of immigration law.   

Choosing the right law firm can make a meaningful difference. At Colombo & Hurd, our lawyers offer personalized guidance, guiding you through eligibility criteria, petition preparation, and common issues. Contact us to discuss the specifics of your case and learn more about how we can help you take the first step in your immigration journey.