Attorney Dr. Ergül Çeliksoy Answers Your Questions About the EB-1A Visa
Attorney Dr. Ergül Çeliksoy Answers Your Questions About the EB-1A Visa
FRONT MARCH 5, 2025 / IN BLOGS , EB-1A EXTRAORDİNARY ABİLİTY VİSA , TR
Deniz Kaya, content editor at CK Law Firm, and Ergül Çeliksoy, founding partner of CK Law Firm, who specializes in the EB-1A visa, met with Ekşi Sözlük to answer the most frequently asked questions about the EB-1A. We thank Ergül Çeliksoy for the enjoyable interview.
When you read this text, you will be able to find answers to the following questions:
- What is the EB-1A visa?
- Who can apply for an EB-1A visa?
- Which occupational groups are more advantageous for the EB-1A visa?
- How does the EB-1A application process work?
- How long is the EB-1A visa valid for?
- What are the most common mistakes for the EB-1A visa?
- Is it possible to appeal if an EB-1A application is denied?
- How long does it take to get an EB-1A visa?
- What are your recommendations regarding the EB-1A visa?
What is the EB-1A Visa?
The EB-1A is an immigrant visa granted to individuals of extraordinary ability in the United States. This visa is for individuals who have achieved extraordinary achievements in fields such as science, the arts, education, business, or sports. Holders of this visa are eligible for permanent residence (Green Card) in the United States and can apply individually without employer sponsorship.
Who Can Apply for an EB-1A Visa?
To apply for an EB-1A visa, applicants must have internationally recognized achievements in their field. This requires meeting at least three of the following 10 criteria:
- Having won national or international awards in the field
- Featured in major publications or media
- Having served as a jury member
- To have made original and significant contributions
- There are criteria such as proving that you have a high salary or high income.
Which Occupations Are More Eligible for the EB-1A Visa?
While EB-1A isn't limited to any specific occupation, certain fields have a higher probability of approval. The following occupations are particularly advantageous:
- STEM Fields (Science, Technology, Engineering, Mathematics): Scientists and engineers who make innovative research and technical contributions.
- Arts and Entertainment Industry: Internationally recognized artists, actors, directors and musicians.
- Business World and Entrepreneurship: Successful start-up founders, business people who make important innovations in the sector.
- Sports: Olympic medalists, athletes who have achieved success in international tournaments.
- Academic and Educational Field: Academics who have outstanding academic work and received prestigious awards.
Applicants in these fields will have a greater chance of receiving approval if they support their international recognition with strong evidence.
How Does the EB-1A Visa Application Process Work?
The application process consists of the following steps:
- Form I-140 Application: The applicant files the application with the U.S. Citizenship and Immigration Services (USCIS) using Form I-140.
- Review Process: USCIS evaluates whether the applicant meets the extraordinary ability criteria.
- Approval and Green Card Application: If the I-140 application is approved, those in the US can apply for a change of status with Form I-485, and those outside the US can complete the consular process and receive a Green Card.
How Long Is an EB-1A Visa Valid?
The EB-1A is a visa that directly grants a Green Card. Once approved, the applicant and eligible family members become permanent residents and can live and work in the U.S. indefinitely.
What Are the Most Common Mistakes for the EB-1A Visa?
The most common errors in the application are:
- Insufficient evidence: Documentation proving the person's extraordinary abilities is missing.
- Providing incorrect or incomplete information may result in the application process being rejected.
- Focusing on just a few criteria: For the application to be strong, it is important to meet as many criteria as possible rather than just three.
Is it possible to appeal if your EB-1A visa application is denied?
Yes, if an EB-1A application is denied, it is possible to appeal. The applicant must thoroughly review the denial and identify any areas deemed deficient or inadequate. There are two options for appealing:
- Motion to Reopen: You can request a reconsideration of the application by submitting new evidence.
- Motion to Reconsider: If you believe the available evidence has been misjudged, you can request a review of the decision.
In both processes, it's important to strengthen your application and support it with the right documentation. If your application is rejected, consulting an immigration attorney will help you navigate the process effectively. You can easily contact us through our Contact page to share your questions and concerns.
How Long Does It Take to Get an EB-1A Visa?
The EB-1A application process varies depending on a variety of factors. Average timeframes are as follows:
- Form I-140 Processing Time: Typical processing time ranges from 6 to 12 months. However, if the Premium Processing option is used, the application can be processed within 15 calendar days.
- Green Card Process: After the I-140 is approved, those in the US apply for a change of status using Form I-485. This process can take 8 to 14 months to complete. Those outside the US will be subject to a consular process, which can typically take several months longer.
Complete and accurate application preparation expedites the process. The expedited processing option offers a significant advantage in emergency situations.
What are your recommendations regarding the EB-1A visa?
My most important advice to prospective applicants is to support their applications with detailed and robust evidence. Furthermore, due to the complexity of the process, seeking assistance from a lawyer specializing in immigration law is a significant advantage. Submitting a complete application, especially at the initial stage, increases the chances of a positive outcome.
The EB-1A is a prestigious visa that offers permanent residence in the United States to individuals with extraordinary abilities. If you would like to learn more about your EB-1A eligibility or the application process, please contact me at cklawfirm.org, info@cklawfirm.org, or LinkedIn.