EB-2 National Interest Waiver (NIW) Lawyer

The EB-1A green card provides the fastest and most flexible path to permanent residency for those at the top of their fields.

At De Wit Immigration Law in Miami, our attorneys have successfully secured EB-1A green cards for extraordinary talent in diverse fields – from startup founders and film score composers to policy advisors and cryptography researchers. Since EB-1A petitions don’t require employer sponsorship, we help clients take direct control of their immigration process. Read on to learn more how an EB1A green card lawyer from our team can help you.

What is the EB-1A Extraordinary Ability Green Card Petition?

The EB-1A is a first-preference employment-based immigrant visa for individuals who can demonstrate extraordinary ability through sustained national or international acclaim. You may qualify by either:

1. Providing evidence of a one-time achievement (such as a major internationally recognized award like a Nobel Prize), or
2. Meeting at least three of the ten criteria established by USCIS and demonstrating that you are among the small percentage who have risen to the top of your field.

Key advantages of the EB-1A category include:

• Ability to self petition:
  • No employer sponsor required
  • No labor certification (PERM) process
• Immediate green card availability — visa bulletin is usually current for applicants of most nationalities
• Option to concurrently file of adjustment of status
• Premium processing available for faster adjudication

EB-1A Green Card Application Process

The EB-1A green card application process generally involves the following steps:

1. Assess Eligibility: Our attorneys will review your background and achievements to determine if you meet the high standards for EB-1A classification.
2. Gather Evidence: We’ll help you collect and organize the extensive evidence required to demonstrate your extraordinary ability.
3. File I-140 Petition: We’ll prepare and file the I-140 EB-1(a) green card petition on your behalf, with supporting evidence.
4. Apply for Permanent Residency: Once your I-140 is approved, you can apply for permanent residency through Adjustment of Status (if you’re in the U.S.) or Consular Processing (if you’re abroad).
5. Attend Interview: We’ll prepare you for your adjustment interview with USCIS, if required, or at the U.S. consulate abroad.

EB-1A Petition Requirements and Documentation

To secure EB-1A petition approval, you must demonstrate extraordinary ability through evidence of either a one-time achievement (such as a major internationally recognized award like a Nobel Prize) or at least three of the following:

• Receipt of lesser nationally or internationally recognized prizes or awards
• Membership in associations that require outstanding achievement
• Published material about you in professional or major trade publications or other major media
• Evidence that you have judged the work of others in your field
• Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance
• Authorship of scholarly articles in professional or major trade publications or other major media
• Display of your work at artistic exhibitions or showcases
• Evidence that you have performed in a leading or critical role for organizations or establishments that have a distinguished reputation
• Evidence that you command a high salary or other significantly high remuneration compared to others in your field
• Evidence of your commercial successes

Meeting these criteria requires more than just assembling documents. USCIS evaluates the totality of the evidence to determine whether you stand among the small percentage of individuals who have risen to the top of your field.

Our attorneys help identify your strongest qualifying evidence and develop a comprehensive strategy to demonstrate how your achievements meet the high standards for extraordinary ability.

How Our EB-1A Green Card Lawyers Can Help

Our experienced EB-1A green card lawyers provide comprehensive services to guide you through the process:

• Eligibility Assessment: We’ll evaluate your qualifications and achievements to determine your eligibility for EB-1A classification.
• Evidence Gathering: Our attorneys will identify and collect the strongest evidence to support your EB-1A petition, ensuring that your achievements are well-documented and persuasively presented.
• Petition Preparation: We’ll prepare your I-140 petition and supporting documents, presenting your case in the most compelling light to maximize your chances of success.
• RFE Response: If USCIS issues a Request for Evidence (RFE), we’ll strategize with you to provide a thorough and persuasive response, addressing any concerns and strengthening your case.
• Adjustment of Status or Consular Processing: Whether you’re in the U.S. and eligible for adjustment of status or abroad and require consular processing, we’ll guide you through the process of obtaining your green card.
• Interview Preparation: If your adjustment or consular case requires an interview with USCIS or a consular officer, we’ll thoroughly prepare you and attend the interview with you to provide support and advocacy.

Success in EB-1A petitions requires more than extraordinary achievements – it demands a clear and persuasive strategy, comprehensive documentation, and effective execution. Our practical approach combines attorney experience with streamlined workflows to deliver results.

Contact us to evaluate your eligibility and develop an effective strategy for your extraordinary ability petition.

Start Your Path to Permanent Residency

The EB-1A category offers significant advantages for individuals at the top of their field, but success requires careful documentation and strategic presentation of evidence. Contact De Wit Immigration Law today to evaluate your eligibility and develop an effective strategy for your green card application.

Frequently Asked Questions