Frequently Asked Questions About EB-1A

In EB-1A filings, the same evidence may indicate that a criterion has been met but may carry limited weight in the broader assessment of recognition. Therefore, it is misleading to answer questions based solely on the number of documents. The following explanations distinguish between eligibility and rights acquired in the process. ¹

Is a big prize like Nobel required for EB-1A?

No. While one-time major international success is one way, alternatively a dossier can be prepared on at least three of the ten types of evidence in the regulation. This alternative does not mean that ordinary certificates of achievement are sufficient. The nature of the evidence and the person's ongoing recognition are considered together. ¹

If I meet three criteria, will my application be definitely approved?

No. The three criteria approach is part of the threshold of evidence in regulation; It does not mean that the case automatically meets the entire extraordinary ability standard. The entries submitted must support a claim to be in the small fraction at the top of the field and to ongoing national or international recognition. The number of documents and the legal outcome are not the same thing. ¹

Is there a minimum number of publications or citations?

There is no minimum number of publications or citations valid for everyone. The quality of publications, the publishing habits of the field, independent use and the individual's contribution are evaluated in context. In some areas, publications may not be essential evidence. The “this many citations are enough” threshold given by a website should not be accepted as a general rule in the legislation. ¹

Is being a referee in a journal enough?

Peering can support the criterion of evaluating the work of others. However, being invited is different from completing the evaluation. The invitation, completion record, nature of the journal or review organization, and subject area should be described together. Evidence of arbitration alone does not meet the other requirements of the case. ¹

Is news about my company considered a publication about a person?

It is not the same for the news to only describe the company and to deal with the applicant and his/her relevant work. Even if the person's name is mentioned once, it should be considered whether the publication truly explains the person's contribution. The entire text, publication date, author and nature of the medium can be presented together. Using just the title or a small snippet in the screenshot may leave context missing. ¹²

How to apply without a job offer?

An EB-1A does not require a specific job offer or employer to be the applicant. An eligible individual may submit his or her own I-140 petition. However, the intention to continue working in the talent field in the US must be demonstrated. Planned activity, contract, negotiation, or other appropriate record may disclose this intention, depending on the nature of the case. ¹

If I have an O-1 approval, will my EB-1A also be approved?

The O-1 approval can be a useful historical record; however, the EB-1A is not automatically approved. O-1 is the temporary employment category, while EB-1A is based on a separate immigration standard. The currency of the evidence in the prior file, the subcategory used, and the ongoing recognition sought by the EB-1A should also be examined. ¹³

Can I apply while living in Turkey?

Being in the USA is generally not a requirement for an EB-1A I-140 application. Eligible people abroad can also apply. However, submission or approval of the I-140 does not grant the right to enter or work in the United States. The immigrant visa and admission phase is completed separately; The US work plan is also part of the dossier. ¹⁴⁵

How many days does the premium transaction take?

Premium processing time for EB-1A I-140 is 15 business days. This period covers a specific USCIS transaction and is not a definitive approval period. A development such as RFE may require additional response and evaluation. Additionally, visa queue, I-485 or consular procedures are not included in this period. ⁶⁵

Can I leave my current job after receiving I-140 approval?

This decision should not be made based solely on the I-140 approval. If your current U.S. status is employer-related, leaving your job may have status and work authorization implications. The fact that EB-1A does not require employer sponsorship does not eliminate the existing status rules in the pre-Green Card period. All stages of your file should be evaluated together. ⁷⁴⁸

Do I need separate EB-1A cases for my spouse and child?

Eligible spouses and children may benefit from derivative immigration; Each one does not need to prove his or her extraordinary talent. However, they have their own residence or visa procedures, family relationship documents and other eligibility checks. Age protection rules should be examined separately, especially for children approaching the age of 21. ¹⁸⁵

Should I increase my achievements before applying?

This depends on whether the available evidence meets the legal standard. Sometimes the problem is not a lack of new achievement but that the existing contribution has not been adequately documented. Sometimes more documents repeat the same weak claim. Because eligibility is required at the filing date, determining what the actual deficiency is may be more important than submitting the case immediately. ²