EB1A VISA – DLG

EB-1A Visa Frequently Asked Questions

What is the EB-1A visa for?

The EB-1A visa is for individuals with extraordinary ability in fields such as science, art, education, business, or athletics, who want to become lawful permanent residents (green card holders) in the U.S.

How can I demonstrate "extraordinary ability"?

You must provide extensive documentation showing sustained national or international acclaim and recognition in your field, such as awards, publications, or other notable achievements.

Do I need a job offer to apply for an EB-1A visa?

No, you do not need a specific job offer or employer sponsorship to apply for an EB-1A visa. It is a self-petitioning category.

What are the main criteria for the EB-1A visa?

You need to meet at least three out of ten criteria to qualify, including evidence of awards, publications, significant contributions to your field, and a substantial body of work.

How long does the EB-1A visa application process take?

Processing times can vary, but it generally takes several months to receive a decision on your EB-1A petition and longer for consular processing if you are outside the United States. If you apply for premium processing it will take two weeks.

Can I include my family members in the EB-1A application?

Yes, you can include your spouse and unmarried children under 21 in your EB-1A application. They can obtain green cards as derivative beneficiaries.

Can I apply for an EB-1A visa while in the U.S. on a different visa status?

Yes, you can apply for an EB-1A visa while in the U.S. on a different visa status. You can also apply if you are outside the U.S.

Can I apply for a green card (permanent residency) directly with the EB-1A visa?

Yes, the EB-1A visa is an employment-based immigrant visa category that leads to lawful permanent residency (a green card) without the need for a labor certification or employer sponsorship.

Can I work for any employer in the U.S. with an EB-1A visa?

Yes, once you receive your green card through the EB-1A category, you are not restricted to a specific employer or job. You have the freedom to work for any employer or start your own business.

Can I travel outside the U.S. while my EB-1A petition is pending?

Yes, you can travel while your petition is pending, but you should have the necessary travel documents, and it’s essential to ensure that you don’t jeopardize your immigration status.

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Apoorva Chintalacheruvu

Davidson Law Group has been my attorney for over 1.5 years, and my experience has been consistently positive. They successfully processed two LCAs for me and handled my PERM application efficiently. All interactions have been smooth, and they always respond promptly to any questions or concerns. I highly recommend them for anyone seeking professional and responsive legal support.