Never did I know that all the work I was doing in my career ever since I graduated from my undergraduate will make me a proud recipient of EB1A visa. I came to the US in 2012 on B1/B2 to present some of my work and then came to the US again on F1 visa in 2013 and joined Carnegie Mellon University school of computer science for a master's program. I had my undergrad in computer science as well from BITS Pilani, Rajasthan.

Why am I sharing this ?

I’m writing this article not just to walk you through exactly how I strategized and positioned my EB1A petition, but also to hopefully break the myth that you have to be a nobel-prize-winning-researcher-turned-entrepreneur to crack the EB1A. Granted, it requires you to have a few merit-worthy achievements to your credit, but with the right mindset, research and legal team to guide you, you can have a pretty decent shot at it. Even though I was fortunate enough to get my H1-B picked up in the first attempt in 2015 and got my I-140 approval few months later, the wait to becoming a permanent resident is just too long. I had a priority date of December 2015 under the regular EB-2 green card category. At that point I didn't even know about EB1A route but I kept advancing in my field of interest and published multiple patents , gave a few talks at international conferences , got a few publications out which organically kept improving my profile. Then came the day , when I was at Meta and stumbled upon a discussion with a Phd friend of mine who himself was applying for EB-1B which gave me an idea that I should try for EB1A.

Learning about EB1-A (person of extraordinary ability) I learned about EB1A through a friend and incredibly grateful for realizing the possibility. EB1-A category is for individuals in the field of sciences, arts, education, business, or athletics. What makes EB-1A worthy of putting in the hard work ?

•  You can self-petition for EB1-A and not be tied to an employer. That means, you can hire a lawyer yourself OR have your employer file EB1A for you. In my case, my employer filed it for me. - This means that no matter the state of your employment or employer, your EB1-A status remains unaffected. You just need to show that you are going to continue working in your area of expertise.
• While EB1-A typically remains current, you can port over your priority date from your previous I-140 petition. - A denial or request of evidence(RFE) is not the end of your immigration dreams. USCIS will provide you with a reason. You can still re-apply again! - The work you put to build your profile and gather evidences makes your profile solid anyways. So, it’s not all a loss, no matter the outcome.

How does it work?

For a successful adjudication for EB1-A, you need to fulfill 3 out of 10 criteria at a minimum but for successful applicants, you'd typically see 4+ criteria approved. First, you must meet at least 3 of the 10 criteria* below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal, Nobel prize) as well as evidence showing that you will be continuing to work in the area of your expertise. No offer of employment or labor certification is required.

• Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
• Evidence of your membership in associations in the field which demand outstanding achievement of their members
• Evidence of published material about you in professional or major trade publications or other major media
• Evidence that you have been asked to judge the work of others, either individually or on a panel
• Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
• Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
• Evidence that your work has been displayed at artistic exhibitions or showcases
• Evidence of your performance of a leading or critical role in distinguished organizations
• Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
• Evidence of your commercial successes in the performing arts

For learning more about my journey, how I built my expertise and found opportunities to give talks or judge international events/hackathons, book a call with me now.

PS: I am not a lawyer and this does not, and is not intended to offer any legal advice. It is meant to raise awareness on EB1-A, and share experiences. All information, content, interactions, and materials in this are for general informational purposes only.