EB-1 Step by Step Process

The EB-1A Green Card is a highly sought-after visa for individuals with extraordinary ability in the arts, sciences, education, business, or athletics. However, the application process is complex and requires careful planning. It’s not rocket science or brain surgery but it calls for you to be methodical in your organization and timing.

Before you apply, it is important to understand the following:

• The steps involved in the application process.
• The evidence you will need to submit.
• The potential risks involved in the application process.

By understanding these factors, you can increase your chances of success in the EB-1A Green Card application process.

Understand each step in the process

Firstly, before you apply, you should understand what is involved, what is needed from you and when each step takes place. You should submit a solid application to avoid an RFE – Request for Further Evidence.

Make a plan of action before you start your application. Applying for visas to live and work in another country will completely change your life and you should approach the application strategically.

The application is a lot of work but if you wish to live in the USA excelling at what you do then it is worth it.

Here is an overview of the process –

PREPARATION

• Find out all you can on the EB1-EA – What is it exactly? Who is it for? Is this the correct visa to suit your needs. Consider residency, older relatives, your health, career path.
• Read the criteria and be familiar with them.
• Call a few law offices assess your chances of qualifying.
• Consider if this is an application you will self-file or apply with an attorney.
• Work out your timeline. Figure out from current processing times when is optimum for you to apply. Do you have a child about to reach the age of 21? They many age out of traveling under your visa.
• Be aware of the pitfalls and prepare to avoid them. Reasons for Rejection
• The application is in 2 parts – Part 1 is proving you qualify as ‘extraordinary’ and Part 2 filing the actual green card forms.

STEP ONE

Understanding the criteria better prepares you for a successful application. The 10 criteria should be interpreted to relate to you and your career. It is also important to be aware of interpretations that USCIS Immigration Officers might not accept. We have each criteria discussed further in our articles.

• Major award – If you have a major award then this may be all you need to prove your extraordinary and qualify.

If you don’t have a major award. There are a further 10 criteria to choose from and you only need to qualify in 3 criteria.

Criteria

• Lesser Awards – This should be awarded to you within your field
• Memberships in Associations – The association must require a level of achievement to join
• Published Material – This can be paper or online
• Judge of Others – This proves that your extraordinary opinion is valued among your peers
• Original Contributions – Prove your achievement is original and is significant
• Scholarly Articles – Your writings within your field have been published in trade publications or other major media proving you an expert
• Artistic Exhibitions – The prestige of the venue
• Leading or Critical Roles – Significance of your role within your field / company, prove if ‘critical’ or ‘leading’
• High Salary – How is your salary relative to your peers in the country where you work
• Commercial Success – Receipts, sales, Box office success count as evidence in this category (this category is related mostly to the performing arts)

Each of these criteria needs compelling evidence. You must also show with evidence how you can further prove [your intent to continue working in your field] as well as prove your [potential benefit to the USA].

The USCIS have defined what constitutes as Strong Evidence and Weak Evidence in each section [read our Evidence information here]
This “evidence” needs to be highlighted, numbered & bound – read our [How to Present your Evidence] for your Immigration Officer

Recommendation Letters

Find peers and experts in your field willing to give you Recommendation Letters. These can greatly assist you in a successful case.

This work is the cornerstone of a strong EB-1 Extraordinary Ability case. Understanding the full process and the implications will benefit you and give you confidence in your application. [Recommendation Letters]

STEP TWO

You will use this to compile The Petition Letter – if you are working with an attorney, this is what you pay them to do for you.

In the Petition Letter you will first give a brief overview of your career to date, argue your criteria and link in how your evidence backs your claims of extraordinary ability.

The letter has a format. The influential court case Kazarian v. USCIS, 580 F.3d 1030, 1036 (9th Cir. 2009) shaped the application we know today. From that case the USCIS drew up guidelines on how they determine extraordinary ability – this then gave us the knowledge on how to build a compelling case file to satisfy your examiners needs.

We discuss it more here in our Petition Letter sample.

If you are submitting with an attorney be sure to read your completed petition letter before they submit it on your behalf to check for errors. You are liable for any mistakes and can be accused of fraud if there are any slip-ups.

STEP THREE

When you have your petition letter and evidence together with the recommendation letters you will file the forms. This is Part Two the actual green card application. 

All the forms you are required to file as part of your application to QUALIFY as an Extraordinary Artist are available free from the USCIS website [We have a list of them all here].

The US government website has excellent advice and each form comes with detailed instructions.

The forms necessary for Part One of the application:

• [I-140 – Qualifying as an Alien of Extraordinary Ability
• [G-1145 – SMS and Email notification form
• [I-907 – Request for Premium Processing*

*[PREMIUM PROCESSING – receive an answer in 15 days. Using Premium Processing your Green Card application is statistically more likely to receive a Request for Evidence(this is not the case for O visas). Premium Processing is not necessary and is an added expense.

[CONCURRENT FILING] – If you are currently in the USA on a valid visa eg O you may submit the forms from STEP THREE and STEP FOUR together and apply for a temporary green card while waiting for a decision on your application. This is not necessary, but can be beneficial depending on your current visa status. This is what most of us did when applying with our own applications. Two of us applied straight for our green cards from abroad and so went the [Consular Processing route – read more about that here]

Note: For our Indian and Chinese friends you may need to double check IF A VISA NUMBER IS AVAILABLE [Priority Date].

STEP FOUR 

Read our Form information when [applying from within the US here] and if applying [Consular Processing here].

If you are on a visa already eg O visa you may have already Concurrently Filed – if so when approved your Part 2 will automatically be sent for processing.

If you applied only with the I-140:

• Your I-140 application has been approved and you have qualified as Extraordinary and are eligible to apply now for the Green Card!

The forms for the physical green card:

• [I-485 – Adjustment of Status (for those already in the USA)

As you are currently in the USA, you may apply for your Temporary Green Card and Travel Papers using these forms:

• [I-131 – Advanced Parole (travel permit)
• [I-765 – Employment Authorization Document (temp green card)

You will need:

• [Medical Examination] – Vaccinations etc. at an approved USCIS Doctor
• [Biometrics] – You will be invited so look out for your letter
• [Interview with US Embassy/Immigration Officer] (not always necessary look out for any instructions that come in the mail)

You now look at how to apply for:

• [Bringing your spouse and children.]

If applying from abroad you will go through the process of [CONSULAR PROCESSING on approval of your I-140.

All USCIS Forms are available for free here. See US government advice here.

STEP FIVE

The USCIS decision

Request for Evidence – Perhaps you missed an essential document, you didn’t file a compelling case, misunderstood a criteria or perhaps the USCIS just needs more evidence. You will need to carefully break down your RFE so you can respond with confidence.

• RFE – It may be many pages long. Be methodical. Keep all pages together
• USCIS notes – You can argue your case using their responses
• New Evidence – Compile the proof to be as easily accessed by the examiner
• New Cover Letter – Re argue your case with the more in-depth evidence
• Be confident in the fact that there is a high RFE approval rate

DENIED – Notice of Intent to Deny(NOID). You are still permitted to respond to their decision and argue

WITHDRAW YOUR CASE – it is possible to withdraw your application.

If APPROVED your next steps are to receive your card, amend your social security status etc.

—

The EB-1 application is a paper application, designed to allow you prove your eligibility to live and work in the United States, to create art, build your business, train and compete as an athlete, educate others and advance science, and benefit the American people and culture. The key to the application is being organized and methodical.

We hope our articles show you how this is a feasible option for you. There is a lot to process in this document. If you feel you should hire an attorney read our Attorney Guide here or check out the online guides available in your field. Some of us used GreenCard.guide – check out our review and discount code here.

Why don’t you message us with your story. Email here!

FAQ

How many pages are EB-1 petition letters?

If you are satisfying more than 3 criteria, from our experience the petition letter average page length is 12 – 23ish then adding in the photocopies of evidence, recommendation letters etc approx 150 pages.

If you qualify under the “One Time Award” your petition letter could be around 5 pages.

Can you apply EB1 by yourself?

YES! You can apply for the EB-1 by yourself. This one of the major reasons that the EB-1 Green Card is so special. You can be your own sponsor, meaning you don’t need a company to represent you. This allows you to submit your own application. The key is proving you satisfy the requirements.

How long does it take to get the EB1 green card?

The longest part of the EB-1 Green Card process is waiting for the application to be approved. You can pull together the evidence and petition letter in a month. If you are confident in your application the [Premium Processing] service can mean approval within 15 days. Here are the current EB-1 Green Card processing times Processing Times information here

How hard is it to get EB-1 Green Card?

If you are working in your field there is a good chance that you qualify. You will need to prove that you are ‘extraordinary’. We break down what the USCIS determines to be ‘extraordinary’ [EB1 criteria here]