An EB-1A visa is a type of employment-based green card. This program stands out because—unlike most other work permits—there is no requirement that the applicant have an existing job offer. In other words, these individuals can sponsor themselves to come to the U.S. and continue their employment.
Many businesses actively recruit foreign professionals who qualify for this program. Because of the reduced requirements, your company could save time and effort that would normally go to labor certifications and prevailing wage documentation. An EB-1A visa lawyer could be an invaluable resource for your company and your next international hire.
Not everyone is eligible for an EB-1A green card. An applicant will need to prove that they have extraordinary ability in certain fields, including:
Whether or not a potential hire has extraordinary ability is a subjective question. In general, USCIS looks for applicants with a level of expertise in their field that places them at the very top. Only a small percentage of people in each industry will qualify, and doing so should bring national or international recognition.
The federal government looks at a few different factors when determining if an applicant reaches this level of excellence. Some examples include nationally or internationally recognized awards, published articles describing the applicant’s work, or memberships in notable professional associations.
Often referred to as Permanent Labor Certification (PERM), this process is necessary for many employer-sponsored visas in the U.S. Not only must an applicant have an offer of employment from a company in this country, but the business must also take on this process directly.
The purpose of certification is to make sure that hiring a foreign professional on a permanent basis will not have an adverse impact on earnings or work conditions in the country. In general, these positions can only be filled if there are no domestic professionals able, willing, and qualified to do the job.
The good news when it comes to this program is that eligible employees do not require labor certification at all. A company seeking to hire these individuals can skip the costs and frustration of dealing with the Department of Labor. This also greatly reduces the amount of time it takes to bring in a foreign hire and establish them in an American workplace.
Despite the simplified process, it is a good idea to rely on the support of knowledgeable legal counsel. Even a minor error could lead to delays that impact your entire business from top to bottom. An attorney may be able to help navigate the EB-1A visa process.
This type of visa also allows for premium processing, a program designed to approve an application in as little as 15 days. In some limited situations, it may be possible to secure a decision in even less time. This is an ideal situation for companies seeking to bring in a professional on short notice or for a specific event.
When everything goes smoothly, it is possible to bring in an extraordinarily talented foreign professional within a matter of weeks. However, this assumes that there are no errors during the application process. Call an EB-1A visa lawyer to ensure your business has done all it can to ensure success.
