My Journey to the EB-1A Green Card
From visa worries to permanent residency, here’s how I navigated the challenging EB-1A process to find stability and freedom in the United States
In October 2023, my life changed completely when I received my EB-1A green card, seven years after moving from Nepal to the United States. Leading up to my green card, I went through what every immigrant goes through when they first move here: I was constantly worried about my visa status, dealing with uncertainty and the lack of clarity on what my future could look like in the country.
In the past year, I have had numerous people reach out to me with questions ranging from what the EB-1A is, how to meet its different criteria, how to find the right lawyers, what I included in my petition, the list goes on. Now that I’m on the other side, and have had a full year to process what I went through, I want to share my journey in the hopes that it might help someone else to consider this option as they plan their future in the United States.
What is EB-1A?
Before we get ahead of ourselves, what exactly is EB-1A? Also known as the “Extraordinary Ability” green card or “Einstein visa”, it is an employment-based green card granted to foreign nationals who demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.
It is one of three employment-based, first-preference visas, the other two being EB-1B for outstanding professors and researchers and EB-1C for multinational manager or executive, but what sets it apart is that you do not need an offer of employment to apply for it. Simply put, you can apply for an EB-1A green card on your own without employer sponsorship.
Eligibility criteria
To qualify for an EB-1A green card, you need to meet at least three out of the ten criteria, listed below:
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Winning awards: Receipt of lesser nationally or internationally recognized prizes or awards of excellence,
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Membership: Being members of associations in the field which demand outstanding achievement of their members,
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Media: Being featured or published in professional or major trade publications or other major media,
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Judging competitions: Judging work of others either individually or on a panel,
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Major contributions: Making contributions of major significance to your field,
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Published work: Writing articles in professional or major trade publication or other major media,
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Exhibitions: Displaying your work at artistic exhibitions or showcases,
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Role at work: Having a leading or critical role in a distinguished organization,
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Salary: Commanding high salary or other significantly high remuneration in relation to others in the field,
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Success in performing arts: Commercial success in the performing arts.
The criteria list can seem like a lot initially and most people I have spoken with tend to hesitate at this point. What’s important to realize is that it takes time and effort to prepare the EB-1A green card petition so instead of getting intimidated, it’s worth doubling down to see if your background and experiences match the criteria list.
Form I-140
The first step in the green card process is preparing and filing the Form I-140, which is officially known as the “Immigrant Petition for Alien Worker”, and submitting it to the United States Citizenship and Immigration Services (USCIS). You will have to prepare supporting documents such as a copy of your resume, education qualifications, copies of degrees and transcripts, evidence of relevant work experience and letters of recommendation from previous employers or colleagues. It can take from up to 6-12 months to prepare the I-140 petition, so the sooner you get started, the better.
Once the Form I-140 is submitted, the USCIS will review your application and either approve, deny or request for more evidence (RFE). The waiting period can vary from 10-12 months. Alternatively, there is an option to do premium processing by paying an additional $2805 to get a response within 15 business days.
Form I-485
After the I-140 is approved, you can apply for permanent residency by filing the Form I-485, also called the adjustment of status. The Form I-485 can also be filed concurrently with the I-140. There isn’t a right or wrong way around it and it really depends on what your lawyers recommend to you.
While submitting your I-485, you can also submit documents for your employment authorization (EAD card), or I-765, and Advanced Parole aka travel document or I-131. Once the I-485, I-765 and I-131 are submitted, you will get the notice for the biometrics appointment.
Once the biometrics appointment is completed, the waiting game begins. Because this part of the process does not have premium processing, the most you can do is bide your time and check the status of your application on the USCIS site. The wait time can vary and it may take up to 12-20 months to get a response.
Summary
So, in a nutshell, this is a quick rundown of applying for an EB-1A green card:
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Preparing the I-140 petition
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Submitting I-140 petition and either
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waiting to hear back from USCIS for approval, request for evidence (RFE) or denial
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doing premium processing and getting a response within 15 business days
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Preparing and submitting the I-485, along with the I-765 and I-131
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Completing biometrics appointment
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Waiting…
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You get your Green Card!
My immigration story
I moved to New York City in 2016 for my Master’s degree, and like many other international students, a significant portion of my time was spent thinking about my visa status. I was acclimating to living in a new country, getting used to New York City and navigating immigration hurdles all at the same time. Acronyms like OPT, STEM-OPT and H-1B slowly became synonymous with my life at that time and something that I don’t miss at all now.
It wasn’t until I started looking for jobs that I realized how much my career decisions were being impacted by my visa status. I wasn’t able to apply to any kind of job I wanted to since only some companies were willing to sponsor work visas in the first place. And since I was still on an OPT, I had a limited amount of time to find the right job before my visa ran out. It was truly one of the most stressful periods of my life.
With that in mind, I knew I had to prioritize getting my work visa sponsorship if I wanted to continue working in New York City. I had to be strategic about my job search in ways that would help me advance my career while also ensuring some semblance of certainty in my life. Luckily, things worked out in my favor and I was able to land a job and get through the H-1B lottery in my first try.
What my EB-1A journey looked like
Some time after getting my H-1B visa, I began researching green cards. Although H-1B visas last for three years, and can be extended for another three years, with visas and immigration, it’s never enough time.
I was first introduced to the EB-1A Extraordinary Ability green card by a lawyer I reached out to while I was researching my options. After going over my background and achievements, I grew confident that I could qualify and decided to move forward with applying for it. Although the EB-1A green card can be self sponsored, the company I was working with at that time agreed to sponsor my green card petition.
I spent nearly 6 months working on my petition, starting in July 2021 and submitting it in January 2022. I submitted my petition based on the following criteria:
Receipt of lesser nationally or internationally recognized prizes or awards of excellence: I have won several awards in the past such as the Webby Awards, the Telly Awards and the New York Emmy Awards to name a few. We also highlighted awards where I was a nominee or a finalist. The supporting evidence in my application included photos of the trophies or certificates and letters of support from the awarding bodies claiming that I was indeed an award winner.
Being members of associations in the field which demand outstanding achievement of their members: I was a member of the American Association of University Women (AAUW), as a former recipient of the International Fellowship which helped me pursue my Master’s degree at New York University, and later as a Vice President of Membership for AAUW’s New York chapter. I was also a member of the International Center for Journalists (ICFJ) as a former recipient of the Digital Media fellowship supported by the U.S. Department of State.
Being featured or published in professional or major trade publications or other major media: We included interviews, podcasts and articles where I have been featured or have spoken extensively in. We shared information about each piece of media and added circulation statistics.
Having a leading or critical role in a distinguished organization: As Product Lead at Malala Fund, I have led the design and development of several high-profile projects at Malala Fund, most notably the redesign of Malala Fund’s website, the redesign of Assembly, its digital publication for young women and girls, and its many fundraising products targeting major donors. We also highlighted my role at the Nepali Times where I led the newspaper’s transformation into a digital-first platform and a leading digital newsroom in the country. We included letters of recommendation from the CEO and COO of Malala Fund, Publisher of Nepali Times and senior executives from Malala Fund, Meta and Language Dept to further support the evidence.
Making contributions of major significance to your field: We highlighted my contributions and achievements at Malala Fund as the first Product Manager to establish and lead product development, bringing about digital transformation and innovation to the organization. I also led content initiatives at Malala Fund, producing video campaigns in partnership with YouTube and featuring high profile figures such as Prince Harry and Meghan Markle. In relation to some of the above criteria, we reiterated the many awards I have won or been nominated for in the past, including the Webbys for Malala Fund’s Assembly, a digital publication, and the Telly Award for Malala Fund’s first-ever video series.
We highlighted my Master’s thesis called Tap for News that I produced while I was working at Instagram. The set of guidelines became a benchmark for news publishers and creators to reference while creating content on Instagram. I received a lot of positive feedback from the audience engagement teams at news organizations such as The New York Times, Vox and the Associated Press. We included letters of recommendation from the CEO and COO of Malala Fund, publisher of Nepali Times, senior executives from Malala Fund, Meta and Language Dept., professor from my master’s program at New York University and the CEO of AAUW.
Request for Evidence (RFE)
Because of premium processing, I received a response from the USCIS within a week of submitting the I-140, and unfortunately it was a Request for Evidence (RFE). Initially, it was a huge bummer and I felt quite disheartened, especially after spending so many months and countless hours working on my petition.
But after the initial wave of disappointment subsided, my lawyers and I got back to work. We added more evidence, a few additional letters of recommendation and restructured the petition so that it would highlight my strengths and achievements even more. We spent 3 months working on the RFE and resubmitted in May 2022. The second time proved to be a charm, and my I-140 was approved in June 2022.
The waiting game
We filed the I-485 within a month of the I-140 approval, hoping to receive the notice for the biometrics appointment soon after. However, since I was traveling when we received the notice, we had to reschedule it a few times, which in hindsight was a bad idea. Once the biometrics were completed, all I could do was wait.
Finally, after over a year of waiting and spending a little too much time on Reddit and Lawfully, I got the news I had been waiting for. My green card was approved!
Timeline for EB-1A
April 2021: Consulted lawyers for the first time
July 2021: Started compiling supporting documents and evidence for I-140 petition
January 2022: Filed I-140
February 2022: Received Request for Evidence (RFE)
May 2022: Submitted RFE
June 2022: I-140 approved!
July 2022: I-485 filed
August 2022: Received notice of appointment for biometrics
October 2022: Biometrics completed
October 2023: Green card approved and mailed!
Conclusion
What started as a conversation in April of 2021 finally came to an end in October of 2023. My biggest takeaway from this process was that it is a marathon and not a sprint. You will have to do a lot of the heavy lifting even before submitting that petition and your patience will be tested at every corner. But knowing that you will find freedom and certainty on the other side of it will make all of the hard work and sacrifices worth it.
My EB-1A journey challenged me and I was a completely different person by the end of it. I couldn’t have anticipated the ups and downs I would go through but I am grateful that I continued to push through until the very end. Everyone’s immigration story is different and I hope sharing mine can help others too.