Oct 20, 2022
USA
EB-1A Visa

How to get the EB-1A green card?

EB-1A: Kazarian and the Two-Part Analysis of the EB-1A used by USCIS

How to get the EB-1A green card?

To receive an EB-1A based Green Card, an applicant must file an I-140 Immigrant Petition under the EB-1 category, receive an approval on the application, and then file an I-485 Adjustment of Status Application (green card application). USCIS allows for two methods of filing the I-140 and I-485 applications; Concurrent Filing or Separate Filing.

Concurrent Filing: An applicant can choose to file their EB-1 I-140 Immigrant Petition and their I-485 Adjustment of Status Application together. This is known as concurrent filing because both applications are being filed at the same time. Generally, only very strong applications should be filed concurrently.

Separate Filing: An applicant can also choose to file the I-140 Immigrant Petition first. Once it is approved, the applicant can file the I-485 Adjustment of Status Application. In most situations, this is the recommended filing method for EB-1 petitions, as USCIS applies a high standard to all EB-1 Immigrant Visa applications.

Kazarian and the Two-Part Analysis of the EB-1A used by USCIS

Following the Ninth Circuit's review of the Administrative Appeals Office's determination of an applicant's I-140 petition submitted under the EB-1A classification in Kazarian v. USCIS in 2010, the two-part analysis approach was created. This judgement modified how USCIS would later examine and decide I-140 applications submitted under the categorization of "Outstanding and Extraordinary Ability."

  1. Does the Applicant Meet at Least Three Criteria?
  2. In order to determine whether the petition demonstrates proof of a one-time qualification with a significant, internationally renowned award or if the application qualifies with evidence of at least three of the ten criteria listed by USCIS under the extraordinary ability category, USCIS must first review the application and the supporting documents submitted.

    The USCIS adjudicator will evaluate the quality of the supporting documentation included with the application in Part One to decide whether the specific requirements have been met. The Adjudicator will not decide whether the applicant is a person of remarkable ability throughout this round of the process.

  3. "Final Merits" Determination
  4. To determine whether the applicant possesses the required degree of skill for EB-1A classification, USCIS and the Adjudicator will weigh all of the provided material. In Part Two, the USCIS adjudicator will examine and assess all of the supporting documentation to decide whether the applicant has attained national or international recognition and that his or her achievements have been recognized in the field of expertise, proving that the person is one of the select few who has attained the pinnacle of their line of work.

    A final merit determination must be made by USCIS in Part Two of each submitted I-140 application regarding whether the applicant has established that they have achieved national or international acclaim, whether their accomplishments have been acknowledged in their respective fields, and whether they are one of a very small percentage who have attained the pinnacle of their field.


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Continue following this series below:

What is an EB-1A Immigrant Visa?

How to get the EB-1A green card?

Process and timeline of the EB-1A green card

What are the advantages of the EB-1A green card?

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