Recent News
USCIS Updates Policy Guidance for the “Sought to Acquire” Requirement Under the Child Status Protection Act
Release Date: 08/24/2023 We are updating the USCIS Policy Manual to clarify how we will apply the extraordinary circumstances exception to the “sought to acquire”
Keeping Families Together : Application for Parole in Place (NEW PIP August, 2024)
On June 18, 2024, the Department of Homeland Security (DHS) announced a key step toward fulfilling President Biden’s commitment to promoting family unity in the
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EB-1A Visa (EB-1A Green Card)
What is an EB-1A Visa?
Who qualifies for an EB-1A Visa?
The EB-1A visa is designed for individuals with extraordinary ability in their respective fields. To qualify for an EB-1A visa, applicants must meet specific requirements and provide substantial evidence of their extraordinary ability. Here are the key requirements:
- Extraordinary Ability: To qualify for an EB-1A visa, you must demonstrate extraordinary ability in your field. This is typically proven by providing evidence of sustained national or international acclaim and recognition for your achievements. You should be among the small percentage of individuals who have risen to the very top of your field.
- Specific Fields: Extraordinary ability can be demonstrated in various fields, including the sciences, arts, education, business, or athletics. You are not limited to a specific profession or area of expertise.
- Evidence: You must provide substantial evidence to support your claim of extraordinary ability. This evidence can include but is not limited to the following:
- Receipt of major awards or prizes in your field.
- Membership in professional organizations that require outstanding achievements.
- Published work in professional or major trade publications or media.
- Participation as a judge or reviewer of others’ work in your field.
- Original contributions, such as patents, innovative research, or other significant achievements.
- A substantial record of success in your field, as evidenced by a strong and influential track record.
- No Job Offer or Labor Certification: Unlike some other employment-based visas, the EB-1A does not require you to have a job offer from a U.S. employer, and you do not need to go through the labor certification process.
- Self-Petition: You can self-petition for the EB-1A visa, which means you do not need an employer to sponsor you. However, you may also have an employer file the petition on your behalf.
- Demonstrated Intent to Continue Work in Your Field: You must provide evidence that you intend to continue working in your field of extraordinary ability in the United States.
For detailed information on the EB-1 visa, refer to the following links:
USCIS Processing
The processing time for an EB-1A visa through U.S. Citizenship and Immigration Services (USCIS) can vary depending on several factors, including your country of origin, the specific USCIS service center handling your case, and the current caseload. Here is an overview of the general steps and processing times for an EB-1 visa through USCIS:
- Form I-140 Petition: The first step is to file an Immigrant Petition for Alien Worker (Form I-140) with USCIS. This form is typically filed by your U.S. employer, and it establishes your eligibility for the EB-1A category. USCIS will review the petition to ensure that you meet the eligibility criteria.
- Processing time: USCIS processing times for Form I-140 can vary but generally range from several months to over a year. You can check the USCIS website for current processing time estimates for your specific service center.
- Premium Processing (Optional): USCIS offers a premium processing service for certain visa categories, including the EB-1A. For an additional fee, USCIS will expedite the processing of your Form I-140 within 15 calendar days. Premium processing can significantly reduce the processing time.
Priority Date & Visa Bulletin
- Visa Bulletin: After USCIS approves your Form I-140, your priority date (the date of filing your petition) becomes important. You must wait for a visa number to become available based on the Visa Bulletin published by the U.S. Department of State. The availability of visa numbers depends on your visa category and country of chargeability.
Consular Processing
If the alien does not live in the U.S., they will have to submit:
- The DS-260 Immigrant Visa Application,
- Supporting documents, and
- Attend an interview with the U.S. Consulate in their country.
Upon approval, the alien will be able to enter the U.S. as a permanent resident.
Adjustment of Status
If the alien already lives in the U.S. they will have to submit a Form I-485 ( Application for Adjustment of Status). Upon approval, they will have permanent resident status in the U.S.
Important Links for Related Visas
For detailed information on the other types of EB-1 visas, refer to the following links:
Links for other related work visas.
Immigrant Visas:
Please click the link below to find out more about each type of temporary work visa.
- H-1B Visas
- R1 Visas (Temporary Religious workers)
- L-1A Visas (Intracompany transferees in managerial or executive positions)
- L-1B Visas (Intracompany transferees in positions utilizing specialized knowledge)
- TN Visas (Temporary professionals from Mexico and Canada)
Our Expertise and Services:
Assessing Eligibility: Our skilled attorneys and paralegals will evaluate your eligibility and guide you through the various options available to bring your family members to the United States. We talk in different languages for your comfort like English, Bangla, Hindi & Urdu.
Document Preparation: We assist you in gathering the required documentation, ensuring that all forms and supporting evidence are accurately completed and submitted in a timely manner.
Petition Filing: Our team will handle the preparation, filing, and tracking of your family visa petition, advocating for your loved one’s immigration rights at every step of the process.
Communication and Representation: We communicate with relevant immigration authorities on your behalf, responding to any requests for additional evidence or interviews, and providing legal representation throughout the proceedings.
Our Expertise and Services:
Assessing Eligibility: Our skilled attorneys and paralegals will evaluate your eligibility and guide you through the various options available to bring your family members to the United States. We talk in different languages for your comfort like English, Bangla, Hindi & Urdu.
Document Preparation: We assist you in gathering the required documentation, ensuring that all forms and supporting evidence are accurately completed and submitted in a timely manner.
Petition Filing: Our team will handle the preparation, filing, and tracking of your family visa petition, advocating for your loved one’s immigration rights at every step of the process.
Communication and Representation: We communicate with relevant immigration authorities on your behalf, responding to any requests for additional evidence or interviews, and providing legal representation throughout the proceedings.
Follow-up Assistance:
After the visa is approved, we offer guidance on the next steps, including adjustment of status or consular processing, to help your family members smoothly transition to life in the United States.
At Mehran Law, We understand the importance of keeping families together, no matter where they come from. Our dedicated team of experienced immigration attorneys and paralegals will be navigating the complex process of USA family visas, ensuring that you can bring your loved ones closer to you.
Immigration Law can vary from person to person and also be very complex. You should always contact an experienced immigration attorney before filing a petition or making a decision. Contact us at 470-800-9213 or [email protected] for a free consultation.