Devising a successful strategy for your EB1A Application
- Kumarasenthil M
- Jun 27, 2023
- 4 min read
Are you a green card aspirant? Do you also wish to achieve the American dream? And are you looking for a fail-proof strategy to win EB-1A? If yes, this is the article for you. The EB-1A application differs greatly from other types of green card applications, hence we guide you on strategically applying for your EB-1A so that you have your expectations straight and can prepare for them beforehand.

Strategies For EB-1A Green Card Success
Lock in the earliest priority dates
The road to EB-1A is not always straight. At times, you've to take a detour to ensure you reach your destination- the green card, sooner. The detour here is through other self-employed categories to lock in the earliest priority dates. Try to get your I-140 petition approved under EB-2 or EB-3 category and then port it to EB-1A using the same priority date. Since EB-1A priority dates are current for Indians, green card porting lets you skip the decades-long wait time for the green card.
Green card porting is especially useful if you are an Indian Einstein visa aspirant at the beginning of your career. This route buys you ample time to build your profile and collect evidence for your acclaim. For example, if you are a software engineer, you can climb up the career ladder and secure evidence of a higher salary and a leading role while you wait for your I-140 approval. Once you get your I-140 approved, you can port your EB-2/EB-3 visa to EB-1A using the same priority date.
Finalize your acclaim
Your Einstein visa approval depends on one single factor- your acclaim. Hence, it isn't far-fetched to say that your specialization can make or break your green card dream. Your area of specialization should be specific and narrow to prove your extraordinary ability. Ideally, it should be something the adjudication officer has not often heard of but something relevant and valid to your industry.
For example, choosing AWS Cloud Architecture as your area of specialization is an excellent choice, while opting for manual testing isn't. This is because manual testing is an ordinary and broad skill that many people have mastered. Proving how you are a small percentage of the expertise with our specialization in your industry is nearly impossible in this case. On the other hand, AWS Cloud Architecture is a super-niched area that is unique yet valid.
Even though finalizing your acclaim is tricky, as an engineer, you are best positioned for an EB-1A green card. This is because of the vast options for specialization available and the preference USCIS offers for STEM professionals.
Plan for employer independence
The old saying, 'never put your eggs in one basket' applies in the case of the US green card too. You should apply for EB-1A and EB-2 National Interest Waiver(NIW) one after the other or together. EB-2 NIW is an employer-independent visa category, like the EB-1A, that you can file yourself.
Simultaneous filing of these two visas offers multiple benefits. First, it increases the chances of approval as your qualification is considered in two different categories. This is especially useful if you shine in many different areas and want to use it best.
Another important benefit it offers is agility and career progression. Since EB-2 NIW isn't employer-sponsored, you are free to switch jobs without the fear of wanting to file an I-140 petition again with the new employer. This way, you don't have to sacrifice better positions or higher pay and tolerate toxic employers for the sake of your green card.
Adopt a fail-fast approach
When it comes to EB-1A visa filing, the best strategy is to be your own critic. You should do your own research instead of solely relying on the word of others. Most often, others may have further recommendations about your file. They might stress on the need for a master's degree, Ph.D., or significant research publications to be EB-1A ready. So, not only rely on others' opinion on your case, "Do I qualify for an EB-1A visa?", ask yourself.
Also, practice self-adjudication religiously. Gather all evidence and try denying each case with reasons. Remove all documents relating to those criteria you don't meet. When you think from an adjudicator's shoes, you'll be able to identify the best proof to support your sustained acclaim. On top of that, when you remove all the weak and unwanted evidence that doesn't support your claim, it becomes easier for the USCIS officer to see what you want them to see- your extraordinary ability.
Even though letters of endorsement don't play a direct role in the final merit determination, they are indispensable to prove your case. They supplement your evidence of acclaim and are another opportunity to explain your expertise in your area of specialization. Hence, for best results, ensure your recommendation letters are specific to your case, acclaim, and written in layman's language. Also, try to collect letters of endorsement from people outside your immediate circle, as it is seen as more trustworthy.
Be ready for RFE/NOID
Your EB-1A visa petition can have three possible outcomes- Approval, Request for Evidence(RFE), or Notice of Intent to Deny(NOID). While there's nothing wrong with being optimistic about your visa petition, it is always best to be prepared for the worst- an RFE/NOID.
Considering the chances for an RFE, it is always wise to keep hold of some additional objective evidence from your original application. You can submit these documents when they request more evidence. Another effective way is to keep gathering evidence even after you file your application. When you collect evidence after filing your application, it is proof that you aren't doing this just for the sake of getting a green card. It helps gain the adjudicator's trust and increases your chances for approval by preponderance of evidence.
Now that you know the best EB-1A visa success strategies you can follow, there's no time to wait around. Be confident in your pursuit and chase your dreams!
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