EB-1A Green Card: Extraordinary Ability - Requirements & Process

Dear Sophie: Exploring the EB-1A Extraordinary Ability Green Card

This is another installment of “Dear Sophie,” a column dedicated to addressing immigration questions specifically related to employment within the technology sector.

Sophie Alcorn, a Silicon Valley immigration lawyer, emphasizes the importance of these inquiries. She states that your questions contribute significantly to disseminating knowledge, empowering individuals globally to overcome geographical limitations and realize their aspirations.

Whether you are involved in people operations, are a company founder, or are actively seeking employment in Silicon Valley, Sophie welcomes your questions for consideration in her next column.

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Dear Sophie,

I am currently a postdoctoral engineer utilizing STEM OPT after being unsuccessful in the H-1B lottery.

A coworker proposed that I explore the possibility of applying for an EB-1A green card based on extraordinary ability. However, I haven’t received any significant accolades, let alone a Nobel Prize. Could you provide further information regarding the EB-1A?

Thank you!

— Bashful in Berkeley

Dear Bashful,

Thank you for contacting me with your question! It’s important to understand that the vast majority of individuals who secure green cards through the EB-1A pathway have not achieved Nobel Prize recognition – so don’t be discouraged!

Recently, my legal partner, Anita Koumriqian, engaged in a discussion with Lanie Denslow, a consultant specializing in cultural competence and business protocol. Their conversation, featured on the Immigration Law for Tech Startups podcast, centered on the influence of culture on behavior and the necessity of understanding an individual’s cultural background to interpret their actions and methodologies.

In a similar vein, I frequently observe that many international professionals and students who are eligible for an EB-1A tend to be remarkably humble and underestimate their own capabilities and accomplishments.

Within American professional culture, individuals are generally expected to actively promote their skills and achievements, a practice known as personal branding. While this is widely accepted in the United States, it is often viewed negatively in other cultures where modesty is highly valued.

Consequently, many international professionals and students – potentially including yourself – may find it challenging to step outside their comfort zone when preparing an application for an EB-1A extraordinary ability green card and collecting the required five to eight letters of recommendation from experts qualified to evaluate their work.

Before proceeding further, I recommend consulting with a seasoned immigration attorney to determine if you are a strong candidate for the EB-1A or if alternative options would be more appropriate for your specific circumstances and objectives.

You should also explore the possibility of employer sponsorship for a green card. It’s important to note that you also have the option to file a petition independently. Both the EB-1A and EB-2 NIW (National Interest Waiver) are employment-based green cards that allow beneficiaries to self-petition, meaning they don’t require an employer sponsor.

EB-1A Qualification Requirements

Meeting the criteria for an EB-1A visa necessitates fulfilling at least three of the following conditions.

Demonstrated Excellence

• Receipt of nationally or internationally recognized awards demonstrating exceptional achievement is a qualifying factor. These accolades should be earned after completing your university education.
• Consideration can be given to achievements like securing venture capital funding, winning pitch competitions, and participating in international hackathons.

Professional Affiliations

Membership in exclusive professional organizations within your field can contribute to eligibility. This includes invitation-only business groups, mentorship programs, or advisory positions at accelerators and incubators.

Media Recognition

Substantial media coverage is a key element. This involves published articles about your work in professional journals, major trade publications, or prominent news outlets.

• Citations of your peer-reviewed publications also fall under this category.

Expert Evaluation

Serving as a judge or evaluator of others’ work, beyond a university setting, demonstrates expertise. This can include judging engineering competitions or participating in the hiring process at technology companies.

Significant Contributions

Original contributions of major significance to your field are highly valued. Evidence of this can include media coverage, substantial citation counts for your publications, or the practical application of your work through contracts, licensed technologies, and patents.

• Again, citations to your peer-reviewed articles are relevant here.

Published Authorship

Authorship of articles in professional, scientific, or major trade publications is a positive indicator. However, blog posts or articles without clear author attribution may not be sufficient.

Artistic Display

For those in creative fields, showcasing work at exhibitions or showcases can be considered. This is particularly relevant for UX/UI designers in the technology sector.

Critical Role in Employment

Holding a leading or critical role within a company is a qualifying factor. This doesn't necessarily require a C-level position; roles like project manager or product development lead can also be considered.

Competitive Compensation

Receiving a salary that places you in the top 10% of earners in your field demonstrates exceptional value. The valuation of any equity holdings can also be taken into account.

Commercial Success

Demonstrated commercial achievements in the performing arts may be relevant, though this is less common for applicants in STEM fields.

EB-1A Filing Timelines

Given your recent commencement of a STEM OPT 24-month extension, understanding the EB-1A filing timeline is important. Premium processing is an option available when submitting an EB-1A petition.

For an additional fee, U.S. Citizenship and Immigration Services (USCIS) will expedite the review of your petition, providing a decision within 15 business days. Without utilizing premium processing, standard USCIS processing times can exceed 15 months.

Concurrent Filing of EB-1A and EB-2 NIW Petitions

Individuals with an EB-1A case that may be considered marginal sometimes choose to simultaneously file an EB-2 National Interest Waiver (NIW) green card application. This serves as a contingency plan should the EB-1A petition be denied.

Successfully obtaining an EB-2 NIW requires demonstrating that your skills and professional endeavors are beneficial to the national interest. This can include advancements in healthcare, job creation, or significant contributions to the U.S. economy.

Seeking Legal Counsel

It is highly recommended to consult with an immigration attorney regarding either of these application processes. Your overall processing time and the suitability of this dual-filing strategy, particularly in relation to your STEM OPT expiration, are influenced by your country of origin and other relevant circumstances.

The timing of these applications is crucial, and professional guidance can help navigate these complexities.

We wish you the best in your immigration journey!

— Sophie

Do you have a question for Sophie? Submit it here. We maintain the right to modify submissions for clarity and space considerations.

Please note that the information presented in “Dear Sophie” is intended for general knowledge and does not constitute legal advice. For a comprehensive understanding of the limitations of “Dear Sophie,” please refer to our complete disclaimer. You may reach Sophie directly through Alcorn Immigration Law.

Sophie’s podcast, Immigration Law for Tech Startups, is accessible on all popular podcasting platforms. She is currently accepting applications from those interested in being a guest!