EB1-A is a sub-class of Employment Based Immigrant Visas (EB Series) for applicants of extraordinary ability in the science, art, business, education, or sports. Unlike most applicants in this category, applicants for Eb1A do not need a sponsored employer to petition their migration to the US. There is no need for Labor Certificate or Petitioners Request with USCIS.
As a matter of law, the applicant would be self-petitioner of his own immigrant visa and of derivative visas for his spouse and all his children under 21 years old. A successful application would have three strong arguments based on provided evidence as followed: The Applicant has sustained national or international acclaim with recognized achievements.
The Applicant must be entering the U.S. to continue to work in his chosen field, and his work must substantially benefit the U.S. national interest. Upon approval of petitioner’s application with USCIS, National Visa Center (NVC) would receive a formal request from USCIS to allow an interview at one of the designated US consulates and upon successful interview the applicant and his family members could enter the US with an immigrant visa.
The USCIS processing time for these applications vary. An average time is less than a year. To find out whether your resume may qualify you for this type of visa, you may contact an Immigration Attorney.
This is an immigration blog. It is not intended to be used as legal advise.
For further information please contact the law offices of attorney Ramona Kennedy.
Ramona Kennedy ( Attorney) is a member of American Immigration Lawyers Association (AILA).
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