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What Are the Major Advantages of EB-1A Immigrant Classification?

Hi William,

I would like to file an immigrant petition in EB-1A category. Is job offer required for EB-1A? What are the major advantages of EB-1A classification? and how difficult is it to have an EB-1A petition approved?

Answer,

A job offer is not required under the 
EB1 Extraordinary Ability category, and the foreign national does not need an employer sponsor to file the EB-1A petition.

The burden of proof in EB-1A petition rests solely with the petitioner. The petitioner has to provide substantial evidence of the three out of ten regulatory criteria that the alien is attempting to satisfy, or evidence of a one-time major prize. If a beneficiary is qualified, the probability of success depends largely on the way the case is presented. The major advantages of EB-1A classification are:
  • no labor certification is required.
  • no job offer or permanent job position is required.
  • the self-petition is allowed.
  • the EB-1A immigrant visa are current for most countries.








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