The Immigration Act of 1990 brought a national reform of the Immigration and Nationality Act of 1965. The Act provided family-based immigration visa, created five distinct employment-based visas (such as EB1A, EB1B, EB1C, EB2, and EB3), categorized by occupation, as well as the diversity visa program, which created a lottery to admit immigrants from “low admittance” countries.
Leaving aside the family-based and the diversity visa program, the employment-based EB1A visa (the subgroup of first preference employment-based immigration EB-1) has become something of a buzzword in the present day scenario. Over the past few years, the subgroup of first preference employment-based immigration EB-1 has created much more awareness among people and gained a significant raise in its demand.
An excerpt from a 2013 newsletter said that, “Under current law there is an allocation of some 40,000 immigrant visas for particularly talented people; this is the EB-1 category for “priority workers” and while 40,000 is a big number, it is also only 4% of the roughly one million immigrants granted legal status each year. Backed by several opinions and arguments, the most recent report issued on Nov 29, 2016 from a group called FAIR (The Federation for American Immigration Reform) says that, “This nation is the employment a merit based immigration system and family trend immigration. As in now, operates our immigration system is based on nepotism. We immigrant who already have family members in the country. We do not make immigration decisions based on whether or not an immigrant can contribute to our economy, or has some remarkable talent that would benefit the nation.” This shows that there will possibly be an uptake in the skilled worker employment based immigration. Especially those based on individuals of extraordinary ability. Transition into this category will be a successful formula for getting an approval in the EB1A category.
We all have our own specific reasons to become a permanent resident in the United States. Be it for our better career opportunity, be it for a better future for our children, be it for a stable economy, be it for a technically advanced eco-system, a better lifestyle here in the U.S. However, it is probably for one or another reason most of us got stuck in the middle of achieving our American Dreams. It is often due to our weak belief system, our confused state of mind, our past experiences, our lack of knowledge, and other related factors make us underestimate our real self worth and there we tend to lose our time, opportunity, and our credibility.
Often times, it happens that you have been staying and working for a globally recognized reputed organization in the United States for more than a decade, playing a challenging role based on your extraordinary skillset, handling some very complex projects, which eventually contributing greatly to the organization and also got talked about your commendable innovation in the media. You are already in the limelight, developed a public profile. Many of our green card processes were already underway and your employer had already filed your petition under the EB2 category. However, the EB2 category has a huge backlog, especially if you fall under India EB2 category. Like other fellow applicants, you have to be in the EB2 queue only to realize that the queue is becoming longer and the priority dates are retrogressing faster. This is the time when you woke up suddenly, read about the US immigration laws, and started realizing how you were shying away from your privilege for all these while and how you were losing out time and opportunity to qualify yourself as an EB1A Extraordinary ability candidate and get your green card approved in couple days or months. You also realized that you already satisfied two of the conditions for EB1A, and you also had one published article. This is an ideal situation where you have to get out of your comfort zone, do extensive research to understand what it takes to qualify for an EB1A category, and then dig and find your achievements, prepare relevant documents of evidence so to make it a good chance of getting a quick approval on your self-petitioned EB1A. The last but not least important step is to put your trust in a professional immigration law firm who can help you decide what action to be taken based on your situation.
One such firm you can rely on is Shah Peerally Law Group not because of its name and fame but because of its competency and accuracy. The law firm provides the most comprehensive services with a decent rate of approvals on EB1A, EB1B and other alternative petitions. It can help you to strategize a best case based on current legal proceedings. Based on years of strict legal training and experience of its attorneys, the law firm can establish and make clear through documented evidence, through information, through arguments that this case is the most capable and accomplished in his/her professional field, who demonstrates the actual interest of entering into the United States so to continue working in his/her extraordinary field of ability and thus get you an approval in a shorter period of time. If you would like to have specific legal advice on an EB1A petitions and other alternatives, please do not hesitate to contact Shah Peerally Law Group at 510-742-5887. To know more about client testimonials and success stories of Shah Peerally Law Group, please visit www.peerallylaw.com and to check for its reviews and ratings click https://www.avvo.com/attorneys/94560-ca-shah-peerally-286012/reviews.html.
By Chayanika Mahanta
Author and Legal Assistant