If you are in the U.S. on an H visa, a student visa, or working under OPT, you may already be thinking about what comes next. Many talented professionals want to extend their stay and find a pathway to a green card. The good news is that there are several options available for highly skilled individuals. In this 3-blog series, we will cover three possible strategies. Today, we start with one of the most powerful: the EB1A visa.
What Is the EB1A Visa?
The EB1A, also known as the Employment-Based First Preference Extraordinary Ability Green Card, is designed for individuals who can demonstrate extraordinary ability in their field. This means you have achieved recognition at a level that places you among the small percentage of people who have risen to the very top.
Unlike many other employment-based green cards, the EB1A does not require a job offer or employer sponsorship. You can self-petition, which gives you more control over your immigration process. For highly skilled individuals already contributing in fields like science, technology, business, education, or the arts, this can be a compelling option.
Who Qualifies for EB1A?
To qualify, you must show sustained national or international acclaim. Some examples of the types of achievements that may support your petition include:
Receiving major awards or lesser nationally or internationally recognized prizes.
Membership in associations that require outstanding achievements of their members.
Published material about you and your work in professional or major trade publications.
Participation as a judge of the work of others.
Original contributions of major significance in your field.
Authorship of scholarly articles.
Evidence that your work has been displayed at exhibitions or showcases.
A leading or critical role for distinguished organizations.
A high salary compared to others in your field.
You do not need to meet every single criterion, but you must provide strong evidence of at least three and, more importantly, show that your impact in your field is extraordinary.
Why EB1A Can Be Ideal for H Visa Holders, Students, and OPT Participants
If you are currently in the U.S. as an H-1B worker, an F-1 student, or working under OPT, the EB1A may allow you to transition from temporary status to permanent residency without being tied to an employer. It provides independence and flexibility while also putting you on a faster track compared to other visa categories.
Looking Ahead
The EB1A is just one pathway for highly skilled individuals seeking permanent residency in the U.S. In the next two blogs of this series, we will explore additional green card options that may be available to you.
If you are unsure whether you qualify for EB1A or another option, the best step is to speak with an immigration attorney who can evaluate your background and guide you forward. Once an attorney confirms your eligibility, supporting evidence such as a well-crafted personal endeavor plan or business plan can play a key role in strengthening your case.
Contact us today to get started
The information provided in this blog is intended solely for informational purposes. While we strive to offer accurate and up-to-date content, it should not be considered legal advice. Immigration laws and regulations are subject to change, and individual circumstances can vary widely. For personalized guidance and legal advice regarding your specific immigration situation, we strongly recommend consulting with a qualified immigration attorney who can provide you with tailored assistance and ensure compliance with current laws and regulations.
Visa Business Plans is led by Marco Scanu, a certified coach from the University of Miami with a globally-based practice coaching Fortune 1000 company executives, entrepreneurs, as well as professionals in four different continents. Mr. Scanu advises clients on turnaround strategies and crisis management.
Mr. Scanu received a bachelor’s degree in Business Administration (Cum Laude) from the University of Florida and an MBA in Management from Bocconi University in Milan, Italy. Mr. Scanu was also a Visiting Scholar at Michigan State University under the prestigious H. Humphrey Fellowship (Fulbright program) with a focus on Entrepreneurship, Venture Capital, and high-growth enterprises.
At present, Mr. Scanu is the managing partner and CEO at Visa Business Plans, a Miami-based boutique consulting firm providing attorneys and investors with business planning services in the areas of U.S. and Canadian immigration, SBA loans, and others.
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