In this article we will try to answer some of the most frequently asked questions regarding the EB-1 extraordinary ability green card.
Can an EB 1-1 visa holder self-petition? What does self-petition mean?
Yes. An EB 1-1 Visa applicant can self-petition. This means that an applicant does not require an employment offer. Instead, an EB 1-1 applicant must demonstrate a willingness and ability to enter the United States and continue working in his or her field of endeavour.
Is the EB 1-1 visa the same as the EB 1-A visa?
Yes. The extraordinary abilities visa is called either the EB 1-1 visa or the EB 1-A visa. Both names refer to the extraordinary abilities visa. What do they mean? The “EB” stands for “employment-based” as it is a visa based upon a person’s employment. The “1-A” refers to the Immigration & Nationality Act subsection that describes the extraordinary abilities visa – INA § 203(b)(1)(A). So, what does the 1-1 refer to? It doesn’t really refer to anything. Instead, it is just a term that has made it into the immigration law nomenclature. Whether you hear an immigration attorney refer to EB 1-1 or EB 1-A, he will probably be referring to the extraordinary abilities visa.
Does an applicant have to be in the United States to apply for EB 1-1 visa?
No. An EB 1-1 visa applicant does not need to be in the United States to apply. In a majority of cases, EB 1-1 visa applicants are in the United States on another type of immigration status.
What other options might an EB 1-1 visa applicant have?
A person who is eligible for EB 1-1 visa status may be eligible for other immigrant categories that provide sufficient options to the applicant. Outstanding Researchers and Professors can try for the EB 1-2 visa. Additionally, individuals who are doing work that can be viewed as being “in the national interest” may be eligible to obtain a national interest waiver. Other individuals may be able to obtain permanent residency through the EB-2 visa process.
Applicants may also obtain non-immigrant visas while continuing to improve their eligibility for an EB 1-1 immigrant visa. For example, an applicant may be eligible for the O-1 visa or the H-1B visa.
More information. Have further questions or need paralegal advice? If so, feel free to contact us at myGreencard.com or ask your local immigration attorney for more information. Our paralegal service provides quality, cost effective advice on how to fill out the petition forms and provide all required documentation. We look forward to helping you with your EB-1 application, DACA processing, or other visa application assistance. You can also download free USCIS immigration forms and U.S. State Department visa forms, Visa Bulletins, and immigration reports at myGreencard.com.
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