EB1 (Extraordinary Ability)

FAQs

Yes. There are a variety of ways to obtain a green card, such as the PERM process.  You may also be able to obtain a green card as an alien of extraordinary ability, similar to the O1 visa process.  We have helped many clients who previously had an O1 visa obtain their green card.  Please contact us to schedule a free consultation and discuss your options.

Not necessarily. The O1 visa and the green card process are similar, but not the same, and officers tend to view the green card process with a higher scrutiny than the O1 visa. We have worked with clients who had previously obtained the O1 visa plan steps in the US to obtain their residency through this process. Feel free to contact us for a free consultation to discuss your options.

Typically, you will use evidence you submitted in the O1 visa for this process. However, you will likely not use all the evidence submitted in the O1 visa, and you may be asked to provide additional evidence by your attorney or immigration.

The regulations are similar but have some differences.  For example, if you have judged others in your field of expertise, this evidence should be provided for the green card petition but is not necessary for the O1 visa.  The major differences are the type of evidence presented.  For example, you may have provided documents showing that you have won various awards in your field of expertise.  Some of these awards may not be presented for the green card petition, as you will need to show evidence that shows the importance of these awards, which may not have been necessary for the O1 visa process.  We have worked with many clients switch from the O1 visa to the green card and would be happy to work with you.  Please contact us for a free consultation.

You can file this petition on your own without an employer. However, please note that you must show that you will continue working in your field of expertise and will need some letters or contracts from future employers. We can help you gather the necessary evidence to meet this requirement. Please contact us to schedule a free consultation.

There are a variety of different categories of evidence that you need to present for this green card request. You should provide evidence of major national or international awards, evidence that you have written scholarly articles, newspaper and magazine articles written about you, evidence that you have judged others in your field, evidence of a high salary, and evidence that you have served an important role for distinguished organizations. This is just some of the categories for this type of visa. We can work with you to determine what documents you have that meet the criteria, what evidence you can gather to meet others, and what steps you can take to obtain additional evidence in the near future. We have done this for other clients and would be happy to do it for you. Please contact us for a free consultation to discuss your green card options.

Yes, you can use recommendation letters from the O1 visa for this process. It is recommended that you obtain new letters as well.

You can request that immigration provide you with a response within fifteen days of filing the request; otherwise, it may take a year to process. There are a variety of reasons as to why you may or may not want to request the expedited process. We have worked with many clients in the past and given them advise in this regard. Should you wish to discuss your options with us, please contact us for a free consultation.

There may be times when immigration requests additional information. You can and should provide the new information during that response. Please note that the officer is not bound to rely upon any information received after the filing date. For example, you were nominated for a Nobel Prize before you submitted the request. You will want to provide proof that you were nominated for the award when you submit your request. If after you submitted the request, you won the award, you will want to provide that information. However, the officer does not have to rely upon that award, when making a decision.

You will initially file a request for an immigrant visa, which once approved will allow you to file for a green card.

Possibly. It will depend on whether or not an immigrant visa is available when you file the petition and what your current status is in the US. We can work with you to discuss the situation and when you are eligible to apply for the green card. Please contact us for a free consultation.

Yes. Your spouse and any children under 21 will be able to seek a green card through this same process.

If you have a child or children who turn 21 during this process, they still may be able to seek a green card through your process. We have worked with clients in the past whose children were able to obtain their green card after turning 21. Please contact us for a free consultation to discuss your options.

As long as you have a valid O1 visa, you will be able to work during this process. Once you have filed your green card application, you will also be able to work once you receive your work authorization card.

It should not.  As each case is different, it is important that you tell us your current situation so that we can properly plan your immigration filings.  Please contact us to schedule a free consultation.

The major risk is that the petition could be denied.  However, this would not bar your ability to reapply for this visa and should not impact your ability to obtain additional non-immigrant visas in the future.  We would be happy to speak to you do determine the best plan for you as you seek to move forward with a green card.  Please contact us for a free consultation.

You do not have to have an O1 visa to seek residency as a foreign national of extraordinary ability. As long as you meet the criteria, you can apply for this visa. We have worked with clients who had L1 and E2 visas obtain their residency through this process and have also worked with clients who proceed directly to the green card through this process. Should you feel that you qualify for the green card through the extraordinary ability route, please contact us for a free consultation.