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What is the process for obtaining an EB-1 Green Card based on my extraordinary ability in the sciences?

To obtain an EB-1 Green Card based on extraordinary ability in the sciences, you must meet certain eligibility criteria and complete the following steps:

  1. Determine if you are eligible for the EB-1 Green Card based on your extraordinary ability in the sciences. The USCIS considers the following factors to determine if an individual has extraordinary ability:
    • Receipt of lesser national or international awards for excellence
    • Membership in associations in the field that require outstanding achievements
    • Published material in professional or major trade publications or major media about the individual and his/her work
    • Participation as a judge of the work of others
    • Scientific, scholarly, or academic contributions of major significance in the field
    • Authorship of scholarly articles in the field, in professional journals or other major media

    To be eligible for an EB-1 Green Card, you must demonstrate sustained national or international acclaim and that your achievements have been recognized in your field of expertise.

  2. File an I-140 Petition for Alien Worker. This is the form used to apply for an EB-1 Green Card. You will need to provide documentation to show that you have extraordinary ability in the sciences. This may include letters of recommendation from experts in your field, evidence of your professional achievements, and publications.
  3. Wait for USCIS approval. After your I-140 Petition for Alien Worker is filed, you will need to wait for USCIS approval. This can take several months to over a year.
  4. Complete an Adjustment of Status or consular processing. Once your I-140 Petition for Alien Worker is approved, you can either apply for an Adjustment of Status if you are already in the US, or you can complete consular processing if you are outside the US.

Limitations:

  • It is important to note that the USCIS has strict eligibility criteria for EB-1 Green Cards based on extraordinary ability in the sciences. If you do not meet the requirements, your petition will be denied.
  • It is also important to note that the process can be lengthy and complex, and it is highly recommended to seek the assistance of a qualified immigration attorney.

Further action:

  • If your petition is denied, you may be able to file an appeal or a motion to reconsider.
  • If you are not eligible for an EB-1 Green Card based on extraordinary ability in the sciences, you may be able to explore other immigration options, such as the EB-2 Green Card for professionals with advanced degrees or exceptional ability.