At Donald Gross Law Group, we assist individuals with extraordinary ability in sciences, arts, education, business, or athletics in securing EB-1A green cards for permanent residency in the United States. From our headquarters in Washington, D.C. and international offices in Mexico City, Lisbon, and Bangkok, our experienced immigration attorneys provide strategic legal guidance for exceptionally qualified professionals seeking to self-petition for permanent residency without employer sponsorship or labor certification requirements.
Why Choose Donald Gross Law Group
- Licensed attorneys: practicing in Washington, D.C., France, and Colombia with advanced legal training from Cornell, University of Chicago Law School, GW University Law School, and the Sorbonne
- Over 30 years of combined experience: representing EB-1A applicants before USCIS with a proven track record of successful extraordinary ability cases
- Government expertise: from prior service at the State Department and National Security Council, providing unique insight into immigration adjudication standards
- Media recognition: by CNN, MSNBC, Fox Business News, Voice of America, and The Wall Street Journal for authoritative immigration legal analysis
- EB-1A specialization: extensive experience developing compelling cases across diverse fields including technology, medicine, arts, business, and athletics
- Multilingual team: fluent in English, Spanish, and French, ensuring clear communication throughout your case
- Global accessibility: offices in Washington, D.C., Mexico City, Lisbon, and Bangkok, supporting extraordinary ability applicants worldwide
Understanding EB-1A Extraordinary Ability Requirements
The EB-1A green card category is reserved for individuals who have demonstrated extraordinary ability in sciences, arts, education, business, or athletics through sustained national or international acclaim. This prestigious immigration category recognizes the small percentage of individuals who have risen to the very top of their field and whose continued presence in the United States would substantially benefit the nation.
EB-1A applicants must demonstrate that they have achieved a level of expertise indicating they are among the small percentage who have risen to the very top of their field. This standard requires evidence of sustained national or international acclaim and recognition for achievements in their area of extraordinary ability.
The Ten EB-1A Evidence Criteria
To qualify for EB-1A status, applicants must satisfy at least three of ten specific evidence criteria established by USCIS, each requiring substantial documentation demonstrating extraordinary achievements and recognition.
- Receipt of Awards: Documentation of nationally or internationally recognized prizes or awards for excellence in your field of endeavor, demonstrating recognition by experts and peers for extraordinary achievements.
- Membership in Professional Associations: Evidence of membership in associations in your field that require outstanding achievements of their members, as judged by recognized national or international experts.
- Published Material About Your Work: Published material in professional or major trade publications or other major media about you and your work, demonstrating public recognition of your extraordinary ability and achievements.
- Judging Others’ Work: Evidence of your participation, either individually or on a panel, as a judge of the work of others in the same or allied field, showing recognition of your expertise by peers.
- Original Contributions of Major Significance: Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to your field, demonstrating impact and innovation.
- Scholarly Articles: Evidence of your authorship of scholarly articles in professional or major trade publications or other major media in your field, showing thought leadership and expertise.
- Artistic Exhibitions or Showcases: Evidence of the display of your work in the field at artistic exhibitions or showcases, demonstrating recognition in the artistic community.
- Leading or Critical Role: Evidence that you have performed in a leading or critical role for organizations or establishments that have a distinguished reputation, showing institutional trust in your abilities.
- High Salary or Remuneration: Evidence of your receipt of a high salary or other substantially high remuneration for services in relation to others in your field, reflecting market recognition of your extraordinary ability.
- Commercial Success in Performing Arts: Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.
Strategic Advantages of EB-1A Green Cards
The EB-1A category offers unique benefits that distinguish it from other employment-based green card pathways, making it an attractive option for qualifying individuals seeking permanent residency with maximum flexibility and speed.
- Self-Petitioning Capability: EB-1A applicants can file their own petitions without requiring employer sponsorship, providing complete independence and flexibility in their immigration strategy and career decisions.
- No Job Offer Required: Unlike most employment-based categories, EB-1A does not require a specific job offer from a U.S. employer, allowing applicants to pursue permanent residency based solely on their extraordinary achievements.
- No Labor Certification: EB-1A applications bypass the lengthy PERM labor certification process, eliminating the need to demonstrate unavailability of qualified U.S. workers and significantly reducing processing time.
- Priority Processing: As a first preference employment category, EB-1A applications typically process faster than other employment-based green cards and are not subject to lengthy backlogs affecting lower preference categories.
Developing a Compelling EB-1A Case Strategy
Success in EB-1A applications requires strategic presentation of achievements that clearly demonstrate extraordinary ability and sustained national or international acclaim. Our attorneys work closely with clients to identify the strongest evidence, develop compelling narratives, and present cases that meet USCIS’s rigorous standards.
We conduct thorough evaluations of achievements, gather supporting documentation from credible sources, and coordinate with experts to obtain persuasive recommendation letters. Our approach emphasizes quality over quantity, focusing on evidence that clearly demonstrates extraordinary ability rather than simply meeting minimum criteria.
Evidence Compilation and Expert Support
EB-1A petitions require comprehensive documentation from multiple sources, including institutional records, media coverage, peer reviews, and expert testimonials. We assist clients in gathering evidence that spans their entire career while focusing on achievements that demonstrate current extraordinary ability.
Expert recommendation letters play a crucial role in EB-1A cases, providing independent validation of the applicant’s extraordinary achievements and contributions. We coordinate with recognized experts in relevant fields to obtain letters that specifically address the EB-1A criteria and articulate the significance of our clients’ contributions.
Addressing Common EB-1A Challenges
EB-1A adjudication involves complex legal standards and frequent requests for evidence (RFEs) that require careful legal analysis and strategic response. Common challenges include demonstrating sustained acclaim, establishing major significance of contributions, and distinguishing achievements from those of other professionals in the field.
Our experience with EB-1A cases across diverse fields allows us to anticipate potential challenges and develop proactive strategies to address them. We prepare comprehensive initial petitions designed to minimize RFE likelihood while maintaining readiness to respond effectively when additional evidence is requested.
How We Secure Your EB-1A Success
- We begin with a comprehensive eligibility assessment to evaluate your achievements against EB-1A criteria, identify the strongest evidence categories, and develop a strategic approach tailored to your specific field and accomplishments
- We develop compelling case strategies including evidence compilation, expert letter coordination, and narrative development that clearly demonstrates your extraordinary ability and sustained acclaim
- We prepare thorough petitions with comprehensive supporting documentation, expert recommendations, and legal arguments that address USCIS adjudication standards and criteria
- We provide ongoing support throughout the process, including RFE responses, case monitoring, and strategic guidance on maintaining and enhancing your qualification profile
Frequently Asked Questions About EB-1A Green Cards
What exactly constitutes “extraordinary ability” for EB-1A purposes?
Extraordinary ability means a level of expertise indicating you are among the small percentage who have risen to the very top of your field. You must demonstrate sustained national or international acclaim and recognition for achievements, typically evidenced by meeting at least 3 of the 10 regulatory criteria.
Can I apply for EB-1A while working for an employer on another visa?
Yes, EB-1A is a self-petition that doesn’t require employer involvement. You can apply while maintaining H-1B, L-1, O-1, or other status. However, you should coordinate timing carefully and consider potential implications for your current employment relationship.
How strong does my evidence need to be for each criterion I’m claiming?
Each criterion must be supported by substantial evidence demonstrating the significance and impact of your achievements. Simply meeting the technical requirements isn’t sufficient; you must show that your accomplishments reflect extraordinary ability and place you at the top of your field.
What if my field doesn’t fit neatly into the ten standard criteria?
USCIS allows submission of “comparable evidence” for fields where the standard criteria don’t readily apply. This requires careful legal analysis to identify equivalent forms of recognition and acclaim that demonstrate extraordinary ability in your specific field.
How long does the EB-1A process typically take?
EB-1A processing times vary but typically range from 8-15 months for the I-140 petition. Premium processing is available for 15-day adjudication. If you’re in the U.S., you can file adjustment of status concurrently, while those abroad proceed through consular processing.
Can my spouse and children get green cards through my EB-1A petition?
Yes, your spouse and unmarried children under 21 can be included as derivative beneficiaries in your EB-1A petition, allowing them to obtain permanent residency simultaneously with your approval.
What happens if my EB-1A petition is denied?
Depending on the reasons for denial, you may be able to file a motion to reconsider, motion to reopen, or appeal to the Administrative Appeals Office. You may also be able to refile with additional evidence or pursue other green card categories like EB-2 NIW.
Do I need to continue working in my field after getting the EB-1A green card?
While there’s no specific requirement to continue in the same field permanently, USCIS expects that you intend to continue working in your area of extraordinary ability. Substantial career changes immediately after approval could raise questions about petition validity.
Can I include achievements from before I came to the United States?
Yes, EB-1A considers your entire career record, including achievements from your home country and other locations. International recognition and accomplishments often strengthen EB-1A cases by demonstrating sustained acclaim across different contexts.
How do I demonstrate that my contributions are of “major significance”?
Major significance requires showing that your contributions have had substantial impact on your field, influenced other professionals, advanced knowledge or practice, or provided significant benefits. This typically involves expert testimony, citations, implementation of your work, or other evidence of influence and adoption.
Testimonials
“Donald Gross Law Group successfully secured my EB-1A green card based on my achievements in artificial intelligence research. Their strategic approach to presenting my contributions and coordinating expert letters was exceptional.” — Dr. Priya Sharma, AI Research Director
“The team’s expertise in EB-1A cases for business professionals was invaluable. They helped me demonstrate the extraordinary nature of my entrepreneurial achievements and navigate the complex evidence requirements.” — Carlos Rodriguez, Technology Entrepreneur
Schedule a Free Consultation
Whether you are in Washington, D.C., Silicon Valley, New York, Boston, Mexico City, Lisbon, Bangkok, or anywhere worldwide, Donald Gross Law Group is ready to assess your EB-1A extraordinary ability qualifications. Contact us today to schedule a free 30-minute consultation with an experienced EB-1A lawyer to discuss your achievements and explore your pathway to permanent residency through extraordinary ability recognition.d Lawyers, for a free 30-minute consultation to start the application process for your EB-1A green card.