EB-1A FAQ：

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1.  What is the USCIS?
The United States Citizenship and Immigration Services (USCIS) is a government agency responsible for overseeing lawful immigration to the United States. It manages processes related to immigration, citizenship, and residency for foreign nationals seeking to live in the U.S. USCIS handles various immigration benefits, including employment-based and family-based immigration cases, naturalization, asylum, refugee status, and more.

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2. What documents do I need to prepare for an EB-1A application?
For an EB-1A application, you must prepare Form I-140 (Immigrant Petition for Alien Worker), Form G-28 (if you have an attorney), a detailed petition letter, a personal statement, and several recommendation letters from recognized experts in your field.
Supporting evidence may include awards, published articles, professional memberships, original contributions, media coverage, and proof of high salary or compensation. It is crucial to submit comprehensive and compelling documentation demonstrating your extraordinary ability. Our experienced attorneys can guide you in presenting the strongest evidence to maximize your chances of approval.

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3. Can applicants apply for EB-1A and EB-2 NIW at the same time?
Yes, applicants can apply for both EB-1A and EB-2 NIW simultaneously. Many clients choose to submit both applications to increase their chances of approval, as each category has different criteria and processing times. If one petition is approved earlier than the other, you may proceed with the faster option.

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4. Can Ph.D. or Master's students apply for EB-1A?
Yes, Ph.D. and Master's students can apply for EB-1A. However, EB-1A has high eligibility standards, requiring applicants to demonstrate sustained national or international acclaim in their field. Since students are often in the early stages of their careers, meeting these requirements can be challenging.
However, with substantial evidence of achievements and recognition, some Ph.D. students have successfully obtained EB-1A approval.

5. Can applicants with only a bachelor’s degree or no university degree apply for EB-1A?
Yes. The Immigration & Nationality Act does not require specific academic qualifications for EB-1A applicants. Many successful EB-1A petitioners do not hold advanced degrees but have demonstrated extraordinary ability in business, the arts, and other fields through sustained national or international recognition.

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6. How many articles should an applicant publish before applying for EB-1A?
There is no specific requirement for the number of published articles. USCIS evaluates the overall quality and impact of your contributions. While having publications can strengthen an application, other achievements—such as awards, patents, media coverage, or leadership roles—can also demonstrate extraordinary ability.

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7. From whom should the applicant request letters of recommendation?
Applicants should seek recommendation letters from highly regarded experts, professors, employers, or collaborators familiar with their contributions. It is acceptable to request letters from well-respected industry leaders and scholars who may not know the applicant personally but can objectively recognize their work.

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8. How many letters of recommendation are required?
USCIS does not specify a required number, but we generally recommend 5 to 7 strong letters of recommendation from experts in the field.

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9. What should be included in a recommendation letter?
A recommendation letter should include:

• The qualifications of the recommender.

• Their relationship with the applicant.

• The applicant’s contributions and achievements in the field.

• An explanation of how the applicant’s work benefits the U.S.

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10. I have difficulty obtaining letters of recommendation. Are they necessary?
While recommendation letters are not mandatory, they are highly beneficial in most cases. They provide independent validation of the applicant’s qualifications. However, in some instances, cases have been approved without them. Our attorneys can evaluate if your case requires letters.

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11. My friend and I have similar backgrounds, and he recently obtained EB-1A approval. Can my application be approved as well?
Each EB-1A petition is evaluated individually, and past approvals for similar candidates do not guarantee success. Our attorneys can assess your specific background and advise on how to strengthen your case.

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12. I haven’t published any academic journal articles yet. Can I still apply for EB-1A?
Yes, but having academic publications strengthens an EB-1A application. While not mandatory, publications provide substantial evidence of contributions and recognition in a field. For researchers, professors, and scholars, publications are one of the easiest ways to meet EB-1A criteria.

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13. If I am not a member of any professional organization, can I still apply for EB-1A?
Yes. Professional memberships are not required for EB-1A approval. However, memberships in highly selective organizations (e.g., national academies) can enhance an application. Memberships based on paid dues alone (e.g., general professional societies) do not add value to an EB-1A petition.

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14. What is the difference between salary and executive compensation?

• Salary: A fixed, regular paycheck.

• Executive compensation: Salary plus benefits such as bonuses, stock options, equity grants, and perks.

To qualify for high salary under EB-1A, you must show earnings significantly above others in your field, supported by employment contracts, tax returns, or industry salary reports.

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15. If my EB-1A petition is approved, when can I apply for I-485 or Consular Processing?
You can apply for I-485 (Adjustment of Status) or Consular Processing once the Visa Bulletin shows your priority date is Current.

The U.S. Department of State updates the Visa Bulletin monthly.

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16. Besides EB-1A, which employment-based green card categories do not require PERM labor certification?

• EB-1B (Outstanding Professors & Researchers)

• EB-1C (Multinational Executives & Managers)

• EB-2 NIW (National Interest Waiver)

•  EB-4 (Special Immigrants)

•  EB-5 (Investor Immigrant Program)

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17. Do I need to be in the U.S. to apply for EB-1A?
No. EB-1A applicants can file from inside or outside the U.S. as long as they meet eligibility criteria.

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18. What is Premium Processing?
Premium Processing allows expedited USCIS adjudication within 15 calendar days for an additional fee. If USCIS fails to make a decision within 15 days, they refund the fee and continue processing.

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19. How do I pay USCIS filing fees? Are the fees refundable?
USCIS fees can be paid by check, money order, credit card, or electronic transfer to "U.S. Department of Homeland Security".

Filing fees are non-refundable, except in rare cases such as duplicate payments or rejected applications (before processing begins).

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20. What is the difference between an immigration petition and a visa?

• Immigration Petition: An application to USCIS requesting eligibility for a visa.

• Visa: A document that allows travel to the U.S. after petition approval.

For example, after EB-1A approval, the applicant applies for a visa or green card through I-485 (if inside the U.S.) or Consular Processing (if abroad).

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