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By Asim Kilinc, Immigration Attorney at CK Law Firm
In this week’s informative article on visa types, I will discuss the L-1A Intra-Company Transfer Visa, a frequently asked and highly sought-after U.S. visa by my clients. In this article, I will answer the most frequently asked questions about the L-1A Visa. By reading this article, you will find answers to the following questions:
- What is the L-1A Intra-Company Transfer Visa?
- What are the Advantages of Applying for the L-1A Intra-Company Transfer Visa?
- Who Can Apply for the L-1A Intra-Company Transfer Visa?
- What are the Requirements to Apply for the L-1A Intra-Company Transfer Visa?
- Where to Apply for the L-1A Intra-Company Transfer Visa?
- How to Apply for the L-1A Intra-Company Transfer Visa?
- What to Expect After Applying for the L-1A Intra-Company Transfer Visa?
If you have any additional questions about the L-1A visa type, please do not hesitate to reach out through the comments section below this article, message me directly on LinkedIn, or contact me via the contact section on the CK Law Firm Immigration Attorney Firm’s website.
What is the L-1A Intra-Company Transfer Visa?
The L-1A Intra-Company Transfer Visa is a type of visa granted to managers and executives temporarily transferring to the U.S. to work at a branch, parent, affiliate, or subsidiary of their current employer. This visa is designed for individuals transferred to the U.S. to work in managerial positions within their companies.
The L-1A visa allows international companies to manage their global workforce flexibly and is a crucial tool for companies looking to support their business operations in the U.S.
What are the Advantages of Applying for the L-1A Intra-Company Transfer Visa?
The L-1A visa provides international company executives the opportunity to work and transition into high-level managerial positions in the U.S. Once approved, the applicant can work in the U.S. for an initial period of 1-3 years, with the possibility of extension up to 7 years. L-1A visa holders can apply for permanent residency (Green Card) in the U.S. after meeting specific conditions. The spouse and unmarried children under 21 of the L-1A visa holder can obtain L-2 visas. L-2 visa holders can apply for work authorization, allowing them to work in the U.S. The advantages offered by the L-1A visa provide significant benefits for both individuals and companies.
Who Can Apply for the L-1A Intra-Company Transfer Visa?
Executives or high-level managers can be transferred to the U.S. through an intra-company transfer. Individuals meeting the following criteria can apply for this visa:
- The applicant must have worked for the company for at least one year within the last three years before applying for the visa.
- Upon arriving in the U.S., the applicant must work in a managerial or executive position for the same employer at another branch.
What are the Requirements to Apply for the L-1A Intra-Company Transfer Visa?
To apply for the L1-A visa, general requirements must be met:
- Employer Status: The applicant must be employed by an American company or a branch, subsidiary, or parent company of an international company in the U.S.
- Job Position: The applicant must hold a managerial or executive position in the company.
- Inter-Company Relationship: There must be a commercial relationship between the company the applicant works for and the U.S. company.
- Work Duration: The applicant must have worked for the company for at least one year within the last three years before applying for the visa.
- Position in the U.S.: The applicant will continue to work as a manager or executive in the same position in the U.S.
The L1-A visa application process is generally initiated by the employer. The employer must submit Form I-129 (Petition for a Nonimmigrant Worker) to USCIS and pay the form fee on behalf of the employee applying for the L-1A visa.
Where to Apply for the L-1A Intra-Company Transfer Visa?
The application for the L-1A Intra-Company Transfer Visa is made by the applicant’s employer and is carried out through USCIS (U.S. Citizenship and Immigration Services).
How to Apply for the L-1A Intra-Company Transfer Visa?
The L1-A visa application process is initiated by the applicant’s employer and proceeds as follows:
- Employer’s USCIS Application: The employer fills out Form I-129. This form must be accompanied by supporting documents, including:
- Documents proving the eligibility of the employer and the applicant.
- Evidence that the employer’s company is actively doing business in the U.S.
- Documents showing that the applicant has worked as a manager or executive for at least one year within the last three years.
- Job description and nature of the duties showing that the applicant will work as a manager or executive in the U.S.
- Submission of Form I-129: Form I-129 and supporting documents are sent to the designated USCIS office based on the employer’s location.
What to Expect After Applying for the L-1A Intra-Company Transfer Visa?
After applying for the L-1A visa, the process begins with USCIS reviewing the employer’s I-129 form and supporting documents:
- RFE (Request for Evidence): USCIS may request additional information or documents.
- Approval or Denial: USCIS approves or denies the application. If approved, the employer and the applicant receive an approval notice (Form I-797).
The visa application process varies depending on whether you are in the U.S. or another country.
For Applicants Applying from Outside the U.S.
After receiving the USCIS approval notice, the applicant must complete the DS-160 (Online Nonimmigrant Visa Application) form. They must then schedule an interview with the U.S. Embassy or Consulate and pay the visa fee.
For Applicants Applying for a Change of Status within the U.S.
If the applicant is already in the U.S., they can apply for a change of status after receiving USCIS approval.
In conclusion, it is essential to provide accurate and complete information and documents at each stage of the application. Due to the complexity of the process and legal requirements, it may be beneficial to seek support from an immigration attorney. If you would like to determine your eligibility for the L1-A visa, you can contact us at cklawfirm.org, info@cklawfirm.org, or directly reach out to me via LinkedIn for free consultation services. All you need to do is send us your CV. We will review your CV and get back to you within 24 hours.
Who is Lawyer Asım Kılınç?
Lawyer Asım Kılınç, as a founding partner of CK Law Firm, stands out with his mastery of both international law and the American legal system, gained through years of experience. Completing his Master’s degree at Southern Methodist University Dedman School of Law, Kılınç is registered with the Missouri Bar and specializes in U.S. immigration law. His deep knowledge and experience in immigration law have significantly contributed to CK Law Firm’s successes in this field. Having participated in the preparation processes of over 1,000 cases in immigration law, Lawyer Kılınç has proven his expertise in this field, providing comprehensive and professional legal support to his clients, facilitating their adaptation to their new lives in the U.S.
Strengthening CK Law Firm’s leadership in immigration law, Lawyer Kılınç offers reliable and effective legal consultancy services to his clients, standing by them in their journey to establish a new life in the U.S. He works to ensure that his clients receive the highest quality service in citizenship, Green Card, work permit, and other immigration processes, providing support to his clients throughout the entire process, from the beginning to U.S. citizenship.
By Asim Kilinc, Immigration Attorney at CK Law Firm
In the weekly informative articles I prepare about different types of visas, this week’s focus is on the F1 Student Visa, one of the most frequently asked and inquired visa types by my clients who want to study in the United States. In this article, I will try to answer the most common questions about the F1 visa based on the numerous files I’ve prepared and the hundreds of clients I’ve consulted. By reading this article, you will find answers to the following questions:
- What is the F1 Student Visa?
- What are the advantages of the F1 Student Visa?
- Who can apply for the F1 Student Visa?
- What are the requirements to apply for the F1 Student Visa?
- Where to apply for the F1 Student Visa?
- What is the application process for the F1 Student Visa?
- What should you expect after applying for the F1 Student Visa?
If you have additional questions about the F1 visa, please do not hesitate to contact me through the comments section below this article, directly via LinkedIn, or through the CK Law Firm Immigration Attorney website.
What is the F1 Student Visa?
The F1 Visa is a temporary immigrant student visa granted to international students who wish to study in the United States. The F1 Student Visa demonstrates that the applicant has been accepted by a student institution in the U.S., can cover their expenses while studying, and intends to return to their home country after completing their education. The accepted institution can be a language school, undergraduate, associate degree, doctorate, etc. Students with an F1 Visa cannot work without a work permit but can work in on-campus locations like libraries and cafeterias. For off-campus work conditions, you can review the Working In The US website.
What are the Advantages of the F1 Student Visa?
American educational institutions host students from many nations. This provides the opportunity to experience American culture and meet people from different cultures. The F1 Student Visa offers significant advantages by providing skills such as educational diversity, language proficiency, and an international network. Additionally, it allows for the development of skills such as leadership and effective communication through student communities.
Who Can Apply for the F1 Student Visa?
Anyone accepted by an American educational institution and having the financial means to support their education in the U.S. can apply. However, they must prove their financial capability, educational intentions, and intention to return with documentation.
What are the Requirements to Apply for the F1 Student Visa?
To apply for the F1 Student Visa, the following conditions must be met:
- Acceptance for full-time education at an American educational institution,
- Having financial resources to cover education and living expenses and proving this with documents (account statements, scholarship documents, sponsor documents),
- If you don’t have the financial means to cover the expenses, you can find a sponsor. Sponsors can be family, relatives, bursars, etc., but you must also prove this situation with documents,
- Filling out the DS-160 form required by the American Consulate accurately and completely,
- Receiving the SEVIS I-20 form from the American educational institution you want to attend. This form must be filled out correctly and completely with the information requested during the application and visa interview,
- Proving with documents that you will return to your country after completing your education,
- The education you will receive must be related to your career.
If you wish, you can find out if you are eligible for an F1 Student Visa through our free consultancy service by reaching us at cklawfirm.org, info@cklawfirm.org, or directly via LinkedIn. All you need to do is send us your CV. We will review your CV and get back to you within 24 hours.
Where to Apply for the F1 Student Visa?
You need to apply to the U.S. Consulates for the F1 Student Visa.
What is the Application Process for the F1 Student Visa?
To apply for the F1 Student Visa, you first need to obtain the I-20 form from the institution where you want to study in the U.S. You have 365 days to apply for a visa from the time you receive this form. Then you need to prepare documents proving you can cover living and educational expenses during your education period mentioned in this form. You need to fill out the DS-160 form required by the American Consulate accurately and completely and pay the fee for the visa application.
What Should You Expect After Applying for the F1 Student Visa?
The process should be followed, and participation in the interview should be ensured. The SEVIS I-901 fee must be paid before entering the U.S.
In conclusion, although there are many points to consider during the process, the F1 Student Visa is an excellent option to achieve your dreams of America. If you wish, you can find out if you are eligible for an F1 Student Visa through our free consultancy service by reaching us at cklawfirm.org, info@cklawfirm.org, or directly via LinkedIn. All you need to do is send us your CV. We will review your CV and get back to you within 24 hours.
Who is Lawyer Asım Kılınç?
Lawyer Asım Kılınç, as a founding partner of CK Law Firm, stands out with his mastery of both international law and the American legal system, gained through years of experience. Completing his Master’s degree at Southern Methodist University Dedman School of Law, Kılınç is registered with the Missouri Bar and specializes in U.S. immigration law. His deep knowledge and experience in immigration law have significantly contributed to CK Law Firm’s successes in this field. Having participated in the preparation processes of over 1,000 cases in immigration law, Lawyer Kılınç has proven his expertise in this field, providing comprehensive and professional legal support to his clients, facilitating their adaptation to their new lives in the U.S.
Strengthening CK Law Firm’s leadership in immigration law, Lawyer Kılınç offers reliable and effective legal consultancy services to his clients, standing by them in their journey to establish a new life in the U.S. He works to ensure that his clients receive the highest quality service in citizenship, Green Card, work permit, and other immigration processes, providing support to his clients throughout the entire process, from the beginning to U.S. citizenship.
By Ergul Celiksoy, Immigration Attorney at CK Law Firm
The EB-2 National Interest Waiver (NIW) visa is a prestigious type of visa that allows professionals to work and live in the United States. When applying for this visa, it is crucial to support your eligibility with statements from your colleagues. Therefore, I always emphasize the importance of supporting my clients’ EB-2 NIW application files with strong reference letters. Presenting strong reference letters plays a critical role in the success of your application. In this article, you will find answers to the most frequently asked questions based on the many EB-2 NIW applications I have prepared for my clients.
Here are the questions you will find answers to regarding the reference letters for the EB-2 NIW application:
- How should the reference letters be prepared?
- From whom should the reference letters be obtained?
- What should be considered when preparing the reference letters?
Now, let’s provide comprehensive answers to these questions one by one.
How Should the Reference Letters for an EB-2 NIW Application Be Prepared?
When preparing your reference letters, they should generally consist of 5 sections:
- Introduce the Applicant: The letter should start by introducing the applicant. The reference provider should clearly state who the applicant is, what field they work in, and the nature of their contributions.
- Specify the Reference Provider’s Identity and Expertise: The reference provider should state their own identity, position, and area of expertise. This increases the reliability and value of the reference.
- Highlight the Applicant’s Contributions and Achievements: The letter should detail the applicant’s contributions to the field, projects, and achievements, especially emphasizing national and international successes.
- Be Unique and Personalized: The letter should be unique and personalized for the applicant, avoiding general statements and providing specific examples. This makes the letter more convincing.
- State the Importance for the U.S.: Explain why the applicant is important for the U.S. and how they will contribute to national interests. This is a requirement of the EB-2 NIW visa.
From Whom Should the Reference Letters for an EB-2 NIW Application Be Obtained?
Getting reference letters from the right people for your USCIS application file is as important as the content of the letters. For instance, a reference letter from someone unrelated to your field and professional qualifications will not be beneficial to your file. Therefore, when asking yourself, “From whom can I get reference letters for my file?” ensure that these individuals meet the following 3 criteria:
- Recognized Experts in the Field: The letters should be from recognized and reputable experts in the applicant’s field. These individuals can better evaluate the applicant’s competence and achievements.
- Academic and Professional Superiors: Letters from academic or professional superiors who have directly worked with the applicant are highly valuable as they have directly observed the applicant’s projects and work ethic.
- International Collaborators: Letters from international collaborators with whom the applicant has worked on projects can highlight the applicant’s international impact.
What Should Be Considered When Preparing Reference Letters for an EB-2 NIW Application?
In my clients’ applications and in successful EB-2 NIW cases I have reviewed, I have noticed that the reference letters meet the following criteria:
- Credibility and Reputation: The credibility and reputation of the reference providers are important. Letters from recognized and reputable individuals make the application stronger.
- Detail and Specificity: The letters should be detailed and specific, avoiding general statements and supporting the applicant’s achievements with concrete examples.
- Consistency: There should be consistency among the different reference letters. The reference providers should have similar views about the applicant’s competencies and achievements, enhancing the application’s credibility.
- Language and Style: The letters should be written in a professional language and style, avoiding grammar and spelling mistakes and using fluent language.
Conclusion
Reference letters for the EB-2 NIW visa are one of the most critical components of the application. Preparing strong and convincing reference letters greatly affects the success of the application. Therefore, reference letters should be prepared carefully and obtained from credible and reputable individuals. It is recommended to seek professional support at every stage of the application to manage the process more effectively. If you wish, we can manage the entire process for you, leaving you to plan your dreams in the USA. You can find out if you qualify for EB-2 NIW with our free consultation service by contacting us through cklawfirm.org, emailing info@cklawfirm.org, or reaching out directly on LinkedIn. All you need to do is send us your CV. We will review your CV and get back to you within 24 hours.
Who is Attorney Dr. Ergül Çeliksoy?
Attorney Dr. Ergül Çeliksoy is a co-founder of CK Law Firm. Dr. Çeliksoy has extensive experience in U.S. immigration law. He completed his master’s degree in international law and human rights at the University of Nottingham in 2017 and began his doctoral studies at the same university. Dr. Çeliksoy completed his Ph.D. in law at the University of Nottingham School of Law in 2022, crowning his academic career. Dr. Çeliksoy has published in leading academic journals and is internationally recognized for his expertise in modern slavery, criminal justice, and criminal law. A registered member of the California Bar, Dr. Çeliksoy provides superior service to his clients with his deep knowledge and experience in U.S. immigration law cases. His knowledge and experience in immigration law contribute valuable insights to CK Law Firm’s work in this area.
Dr. Çeliksoy offers comprehensive and strategic solutions to his clients in immigration law cases, helping them secure their legal status in the United States. His work in human rights and immigration processes, along with his deep knowledge of modern slavery and criminal law, allows Dr. Çeliksoy to effectively resolve the complex legal issues faced by immigrants. Dr. Çeliksoy strengthens CK Law Firm’s leadership in immigration law by providing reliable and effective legal counsel, helping his clients build their new lives in the United States.
By Ergul Celiksoy, Immigration Attorney at CK Law Firm
Individuals who have built a career in academia can take advantage of the opportunity to live and work in the United States through the EB-2 NIW visa. This way, they can obtain residence and work permits in the US for themselves, their spouses, and their children under 21. Commonly referred to as the “academic visa,” this visa allows you to get a permanent residence permit (green card) and move to the US, and you can become a citizen after five years. By reading this article, you will find answers to the following questions:
- What is the educational level required for academics to apply for the EB-2 NIW visa?
- What documents do academics need to submit for the EB-2 NIW application?
The EB-2 NIW visa is a type of visa that allows professionals with an academic career (such as faculty members, professors, associate professors, assistant professors, etc.) to apply without needing a job offer or sponsorship from a US employer if they intend to work in the US.
What is the educational level required for individuals with an academic career to apply for the EB-2 NIW?
The primary requirement to apply for the EB-2 NIW visa is an advanced degree, meaning:
- A master’s or doctoral degree in your field, or
- A bachelor’s degree plus five years of experience.
Meeting the advanced degree requirement necessitates a high level of education in the professional field, and the applicant must possess this level. The clearest indicator of meeting this criterion is having a master’s or doctoral degree in the field.
Individuals who do not have a master’s or doctoral degree but have a bachelor’s degree in the field and have worked in a significant position in the field for at least five years are also considered to meet this requirement. However, in this case, solid evidence of work experience in the field (various educational certificates, achievements in the field, academic publications, etc.) must be included in the application letter. Clear evidence showing that the applicant will benefit national employment in the field, has contributed to significant projects, and has achieved professional success will also be considered.
What documents do academics need to submit for the EB-2 NIW application?
When applying for the EB-2 NIW visa as an academic, the following documents can support your application:
- Publications: Publications in national and international academic journals. Being a sole or first author is advantageous.
- Citations: Citations to your publications, visible on Google Scholar. While there is no ideal number, the more, the better.
- Research Activities, Funding, and Academic Project Participation: Participation in any project related to your field of expertise. For example, receiving support from TÜBİTAK or BAP from universities. Even without financial support, participating in or supporting projects related to the field is advantageous.
- Conference Participation and Presentations: Academic presentations, either summaries or full texts, related to your field of expertise.
- Journal Editorship, Peer Reviews, and Jury Duties: Serving as an editor, assistant editor, or member of the scientific board in academic journals, peer reviews, and jury duties for master’s or doctoral theses provide significant advantages.
- Certificates: Certificates of education related to the field, including online education.
- Awards, Achievements, and Acknowledgments: Certificates received during and after undergraduate studies, especially in professional life (optional but advantageous).
- Work History: Places and positions worked in the field of expertise to date. If you have had additional duties (such as working as an administrator while being a doctor, or serving on a committee while being an academic), these can also be included to strengthen the application.
- Memberships: Memberships in professional associations/institutions related to your field of expertise. Memberships are sometimes annual, so they can be obtained close to the application time. For example, the Istanbul Medical Chamber for doctors or the American Association of Orthodontists for orthodontists.
- Media Appearances: Appearances in local, national, or international news channels/newspapers/websites related to your field of expertise. In this case, your expert opinion or work related to any issue in your field should be highlighted. This criterion is rarely met by applicants and is not mandatory but provides a significant advantage.
The EB-2 NIW visa offers individuals with an academic career the opportunity to live and work permanently in the USA. The required documents and evidence for this visa type must be carefully prepared, and professional support should be obtained at every stage of the application process. We can manage the entire process for you, leaving you to plan your dreams in the USA. You can find out if you qualify for EB-2 NIW with our free consultation service by contacting us through cklawfirm.org, emailing info@cklawfirm.org, or reaching out directly on LinkedIn. All you need to do is send us your CV. We will review your CV and get back to you within 24 hours.
Who is Attorney Dr. Ergül Çeliksoy?
Attorney Dr. Ergül Çeliksoy is a co-founder of CK Law Firm. Dr. Çeliksoy has extensive experience in U.S. immigration law. He completed his master’s degree in international law and human rights at the University of Nottingham in 2017 and began his doctoral studies at the same university. Dr. Çeliksoy completed his Ph.D. in law at the University of Nottingham School of Law in 2022, crowning his academic career. Dr. Çeliksoy has published in leading academic journals and is internationally recognized for his expertise in modern slavery, criminal justice, and criminal law. A registered member of the California Bar, Dr. Çeliksoy provides superior service to his clients with his deep knowledge and experience in U.S. immigration law cases. His knowledge and experience in immigration law contribute valuable insights to CK Law Firm’s work in this area.
Dr. Çeliksoy offers comprehensive and strategic solutions to his clients in immigration law cases, helping them secure their legal status in the United States. His work in human rights and immigration processes, along with his deep knowledge of modern slavery and criminal law, allows Dr. Çeliksoy to effectively resolve the complex legal issues faced by immigrants. Dr. Çeliksoy strengthens CK Law Firm’s leadership in immigration law by providing reliable and effective legal counsel, helping his clients build their new lives in the United States.
By Ergul Celiksoy, Immigration Attorney at CK Law Firm
In this week’s article, I focus on the EB-1A Extraordinary Ability Visa, also known as the EB-1A Green Card. I will address the most frequently asked questions about the EB-1A visa, based on the dozens of EB-1A Green Card cases I have prepared and the hundreds of clients I have consulted. By reading this article, you will find answers to the following questions:
- What is the EB-1A Extraordinary Ability Visa?
- What are the advantages of applying for the EB-1A Extraordinary Ability Visa?
- Who can apply for the EB-1A Extraordinary Ability Visa?
- What are the requirements to apply for the EB-1A Extraordinary Ability Visa?
- Where should you file your EB-1A Extraordinary Ability Visa?
- How long does it take to process an EB-1A Extraordinary Ability Visa if you opt for Premium Processing?
- What is the application process for the EB-1A Extraordinary Ability Visa?
- What should you expect after your EB-1A Extraordinary Ability Visa is approved by USCIS?
If you have any additional questions about the EB-1A visa, please do not hesitate to reach out to me via the comments section below, by sending me a direct message on LinkedIn, or by contacting me through the contact section on the CK Law Firm Immigration Attorney Firm’s website.
What is the EB-1A Extraordinary Ability Visa?
The EB-1A visa is a U.S. immigrant visa granted to individuals with extraordinary abilities in fields such as science, arts, athletics, education, and business. This means that if you possess extraordinary abilities in any of these fields, you can obtain a U.S. residency and work permit (Green Card) and subsequently pave the way for U.S. citizenship for yourself and your immediate family members.
Many of my clients initially find the term “extraordinary ability” intimidating and attribute great significance to this term. However, during the initial evaluation meetings, we often discover that the clients meet the criteria set by USCIS for this visa type.
To clarify the term “extraordinary ability,” let’s discuss what it truly means.
Extraordinary Ability: Do You Need to be Superman?
The short answer is “no.” USCIS does not expect you to be Superman or possess supernatural powers to apply for this visa. What USCIS means by “extraordinary ability” is that you should stand out from a substantial number of your colleagues due to your achievements and successes in your field.
Meeting 3 out of 10 Criteria
Individuals in fields like science, arts, athletics, and business must either have received national/international awards (such as Nobel, Emmy, Olympic gold medal) or meet at least three of the ten criteria listed on the USCIS website. Many clients focus on the initial part of the sentence mentioning prestigious awards and think they are not eligible for this visa. However, the USCIS has clear criteria, and you are expected to meet at least three of them. Thus, when evaluating your suitability for EB1-A visa, focus on whether you meet three out of the ten criteria listed on the USCIS website.
What are the Advantages of Applying for the EB-1A Extraordinary Ability Visa?
The EB-1A Extraordinary Ability Visa grants you and your immediate family (spouse and children under 21) the right to live and work in the United States (Green Card). After obtaining your Green Card, you can apply for U.S. citizenship after five years. Additionally, the number of applications for the EB-1A visa is significantly lower than for other immigrant visas, meaning the waiting time is considerably shorter, allowing you to potentially obtain a Green Card in a considerably short period of time.
Who Can Apply for the EB-1A Extraordinary Ability Visa?
Individuals with extraordinary abilities in science, arts, athletics, education, and business who can demonstrate that they will continue their success in the U.S. with supporting documents can apply for the EB-1A visa.
In all U.S. immigration processes, including the EB-1A Extraordinary Ability Visa, the burden of proof is on the applicant. This means that the USCIS officers evaluating your case will make a decision on the documents and petitions you and your attorney file.
What are the Requirements to Apply for the EB-1A Extraordinary Ability Visa?
To qualify for the EB-1A Extraordinary Ability Visa, you must meet at least three out of the ten criteria listed on the USCIS website and provide documentation to support your claims. When preparing applications for my clients, I focus on meeting at least 4-5 criteria instead of just three, as I have found this strategy effective in successfully getting the applications approved!
CRITERION 1: Receiving awards in the field:
The applicant must have received awards in their field. These awards must be well-known and highly regarded in the field. Local school certificates or minor regional awards are not considered national or international recognition. You must have received an award with national or international recognition to meet this criterion.
CRITERION 2: Membership in associations or professional organizations due to achievements:
This means being a member of well-known organizations in your sector where membership is significant. Simply paying membership fees to join an association does not meet this criterion. It refers to memberships that are earned through achievements and contributions.
CRITERION 3: Published materials about you or your works in professional or major trade publications:
This criterion requires that your achievements have been covered in the press and media. News articles in small local newspapers or personal blogs do not meet this criterion. You must have been featured in national or international media.
CRITERION 4: Judging the work of others in your field:
This means that you have evaluated the work of others in your field. This criterion is particularly easy for academic applicants to meet. If you have been a reviewer or editor for academic journals in your field, supervised PhD or master’s students, or participated in an academic committee to evaluate others’ work, you can easily fulfil this criterion. For non-academic applicants, serving as a jury member on a review panel in their field can also be used to meet this requirement.
CRITERION 5: Evidence of your contributions to your field:
You must provide evidence proving how you made scientific, academic, artistic, athletic, or industry contributions in your field. Emphasizing all original contributions you have made will strengthen your application. If you have made new discoveries, methods, or techniques in your field, this will be particularly beneficial. To document your contributions, you can include reference letters from other experts in your field as part of your application.
CRITERION 6: Authorship of scholarly articles:
This means having written articles or papers shared in journals or publications related to your field. Articles in local magazines or small-scale internet blogs do not meet this criterion. If you have published articles in reputable journals within your area of expertise, you can use these to fulfill this criterion. Additionally, if you have written articles for leading publications in your field, even if they are not academic journals, these can also be used to meet this requirement.
CRITERION 7: Exhibitions of your work at significant exhibitions or showcases:
Your work must be exhibited at significant industry exhibitions or showcases. Work displayed in local art galleries or school exhibitions is not considered significant. It is important to note that for this criterion, your works must have been included in nationally and internationally recognized and respected exhibitions. For artists in the film industry, participating in national and international film festivals and receiving awards can also be used to fulfil this criterion.
CRITERION 8: Leading or playing a critical role in a distinguished organization:
You must have held a leadership role in a distinguished organization in your field. Leading a small local club is not considered a critical role. As emphasized with previous criteria, simply being a manager or leader in any organization is not sufficient for this criterion. The organization where you have held a leadership role must be recognized, prestigious, and respected in your field.
CRITERION 9: Earning a high salary compared to others in your field:
You must have earned a significant income compared to others in your field. Earning an average salary in a local job does not count. The criterion generally refers to earning above the U.S. average salary. To meet this criterion, you need to provide evidence of the international salary or fee standards for your profession and demonstrate that your earnings are substantially higher.
CRITERION 10: Commercial success of your artistic performances in your field:
You can also use the commercial success of your artistic performances in your EB1-A visa application. To meet this criterion, you need to be actively engaged in the arts. Additionally, you must be able to document the commercial success of your artistic works. For instance, if you are a painter who has sold your paintings for a high amount, a singer who has earned significant income from numerous concerts, or a director whose film has achieved box office success, you can use these achievements to fulfil this criterion.
Preparing these files requires substantial work from both you and your attorney. Additionally, proper guidance and support letters are crucial in preparing the documents.
You can find out if you are eligible for the EB-1A visa by contacting me through cklawfirm.org, via email at eb2@cklawfirm.org, or directly on LinkedIn. All you need to do is to send us your resume, and we will get back to you within 24 hours.
Where Should You Apply for the EB-1A Extraordinary Ability Visa?
Once you have prepared all the necessary documents, you need to submit your application to the USCIS. Once your application is approved by the USCIS, then you can proceed with the second stage to get your Green Card. For the second stage of the application process:
- If you are in the United States, you can apply for Adjustment of Status by filing Form I-485 with USCIS.
- If you are in your home country, you can apply at the U.S. consulate in your country.
How Long Does It Take to Process an EB-1A Extraordinary Ability Visa if You Opt for Premium Processing?
If you opt for Premium Processing, your application will be processed by USCIS within 15 business days. If you do not choose this option, it may take 6-8 months to process your application. If you file your application with Premium Processing, you should also pay $2805 for the Premium Processing fee.
What is the Application Process for the EB-1A Extraordinary Ability Visa?
Remember, each applicant is evaluated based on their file. Therefore, when applying, you must clearly demonstrate that you meet the requirements with supporting evidence. The burden of proof is on you. You must prepare a comprehensive petition and include documents (newspaper articles, published works, reference letters, interviews, etc.) showing that you meet the criteria.
You must also fill out and include the I-140 form, available on the USCIS website, with your application file. The filing fee for I-140 form is $715.
What are the filing fees for EB-1A Extraordinary Ability Visa?
You should include the visa fees with your application when submitting your EB-1A application to USCIS. The EB-1A filing fees are as follows:
- Form I-140 Filing Fee: $715
- Asylum Program Fee: $300
- Premium Processing Fee: $2805 (optional)
What Should You Expect After Applying for the EB-1A Extraordinary Ability Visa?
Once you have prepared all the necessary documents and submitted your application, you can always check the status of your application on the USCIS Case Status website with your receipt number. It is important to closely monitor the process to avoid missing any critical actions.
After your EB-1A visa is approved by the USCIS, then the Green Card process begins. You need to apply for a Green Card based on this visa approval.
Conclusion
The EB-1A Extraordinary Ability Visa is an excellent option to achieve your American dreams, despite many details to consider throughout the process. You can find out if you are eligible for the EB-1A visa by contacting me through cklawfirm.org, via email at eb2@cklawfirm.org, or directly on LinkedIn. All you need to do is to send us your CV, and we will get back to you within 24 hours.
Who is Attorney Dr. Ergül Çeliksoy?
Attorney Dr. Ergül Çeliksoy is a co-founder of CK Law Firm. Dr. Çeliksoy has extensive experience in U.S. immigration law. He completed his master’s degree in international law and human rights at the University of Nottingham in 2017 and began his doctoral studies at the same university. Dr. Çeliksoy completed his Ph.D. in law at the University of Nottingham School of Law in 2022, crowning his academic career. Dr. Çeliksoy has published in leading academic journals and is internationally recognized for his expertise in modern slavery, criminal justice, and criminal law. A registered member of the California Bar, Dr. Çeliksoy provides superior service to his clients with his deep knowledge and experience in U.S. immigration law cases. His knowledge and experience in immigration law contribute valuable insights to CK Law Firm’s work in this area.
Dr. Çeliksoy offers comprehensive and strategic solutions to his clients in immigration law cases, helping them secure their legal status in the United States. His work in human rights and immigration processes, along with his deep knowledge of modern slavery and criminal law, allows Dr. Çeliksoy to effectively resolve the complex legal issues faced by immigrants. Dr. Çeliksoy strengthens CK Law Firm’s leadership in immigration law by providing reliable and effective legal counsel, helping his clients build their new lives in the United States.
By Ergul Celiksoy, Immigration Attorney at CK Law Firm
In this article, we continue to look at the details of the EB2 National Interest Waiver visa. You can find our detailed article on the conditions of the EB2 NIW visa, who can apply and what is the application process here. You can find our article on the application process of the EU2 NIW visa and how long it takes for the application to be approved here.
In this article, I will explain what kind of process awaits you after your EB2 National Interest Waiver visa application is approved.
As I explained in detail in our previous articles, you need to submit your EB2 NIW visa application to the Immigration Office in the US. You must submit this application by mail and your application package should include your application, the relevant forms and the application fees. If you use Premium Processing, your application will be processed within 45 days. If you do not use Premium Processing but submit a standard application, your application will be processed within 3 to 9 months.
What Happens After Your EB2 NIW Application is Approved?
Let’s say that at the end of this process, the Immigration Bureau has reviewed your application and determined that you meet the EB2 NIW visa criteria, thus approving your application. Congratulations, the doors to America are now open for you. With your EB2 NIW visa approved, you are very close to realizing your American dream. While the process from here is somewhat longer, it will be much less arduous. Let’s see what awaits you after approval.
Approval Notice
Once your initial application is received and processed by the Immigration Bureau, you will receive a Receipt Notice. This Receipt Notice has a Receipt Number, which you can use to check the status of your application on the USCIS Case Status website. When your application is approved, it will state “Case Approved,” and this approval will be recorded in the system by the Immigration Bureau.
Following this, the Immigration Bureau will send you an Approval Notice. This Approval Notice will also include the dates when your application was first submitted and approved, along with your Priority Date. This Priority Date is crucial for understanding how the process will proceed from here.
What is the Priority Date and What Does It Mean?
First, you should check the Priority Date on your Approval Notice. Then, you need to check the Visa Bulletin published each month. You can access the latest Visa Bulletin on the State Department’s website.
The Visa Bulletin categorically lists when the earliest Green Card applications can be made for different visa types. This means that for some visa types, if there are more Green Card approvals than the number allocated for that year, the surplus is carried over to the next year. In this way, for some visa types, there may be a backlog due to the current number of available Green Cards being exceeded by the number of visa approvals. Therefore, Green Card applications are made considering the Priority Date I mentioned earlier.
What you need to do: First, check your Priority Date. Your Priority Date is listed in the Approval Notice sent to you after your visa is approved. Then, go to the latest Visa Bulletin to check when you can apply for a Green Card for the EB2 NIW visa. For this, go to the Employment-Based Preferences chart in the Visa Bulletin and look at the second row. This row shows the earliest date when those with a Priority Date for the EB2 NIW visa can apply for a Green Card.
According to the August 2024 Visa Bulletin, it says March 15, 2023. Here’s what this date means: If your Priority Date is before this date, you can apply for a Green Card immediately without waiting. If your Priority Date is later, say November 2023, you need to check the Visa Bulletin every month and wait for the date in the Visa Bulletin to be after your Priority Date.
This part is often confusing, so I will try to explain with an example. Let’s say your EB2 NIW visa application was received and processed by the Immigration Bureau on September 1, 2023. This date is your Receipt Date. This is the date your file was processed. The Immigration Bureau usually sets the date your application was processed as your Priority Date. However, you should always check the Receipt Notice sent to you and consider the Priority Date stated there. Let’s say the Priority Date on the Receipt Notice sent to you is September 1, 2023. Later, the Immigration Bureau reviewed your application and approved it on January 1, 2024. Now, to apply for a Green Card based on your EB2 NIW visa approval, you should consider your Priority Date, which in this case is September 1, 2023, not your approval date of January 1, 2024.
Next, you need to look at the Visa Bulletin and compare the date in the Visa Bulletin for the EB2 NIW visa with your Priority Date. According to the latest Visa Bulletin for August 2024, the date for the EB2 NIW visa is March 15, 2023. Your Priority Date is September 1, 2023. Since your Priority Date is after the date in the Visa Bulletin, you cannot apply for a Green Card right now. However, when the date in the Visa Bulletin is later than your Priority Date, you can apply for a Green Card. For example, if the date in the Visa Bulletin were November 15, 2023, instead of March 15, 2023, you could apply for a Green Card without waiting because November 15, 2023, is later than your Priority Date of September 1, 2023.
Situation for Those Following the EB2 NIW Process from the US
If your Priority Date is earlier than the date in the Visa Bulletin, you can now start your Green Card process. How will the process work? It depends on whether you are following the process from the US or Turkey.
If you are following the process from the US, it is a bit simpler. You need to file for Adjustment of Status (Form I-485). In other words, you are applying for a Green Card. For this, you need to carefully and completely fill out Form I-485. Additionally, you need to include some documents with this application, such as copies of your passport, visa, I-94, etc. You also need to include the Approval Notice showing that your EB2 NIW visa has been approved. You should also include other documents that will support your Green Card application.
When filing for Adjustment of Status with Form I-485, you can also submit two additional application forms. The first is Form I-765. With Form I-765, you are applying for a work permit in the US while waiting for your Green Card application to be approved. It is not mandatory, but if you do not have another work permit, I recommend submitting Form I-765 along with Form I-485.
You can also include Form I-131 with your I-485 application. Again, it is not mandatory, but with Form I-131, you are applying for a Travel Document. If your Green Card approval is significantly delayed and you need to travel outside the US during this time, this Travel Document will allow you to travel.
The EB2 NIW Process for Those Following from Turkey
What awaits you after approval if you are following the process from Turkey? For those following the process from Turkey, the process is slightly different. First, those who are not physically and legally present in the US cannot file for Adjustment of Status with Form I-485.
If you are following the process from Turkey, once your EB2 NIW visa is approved, your file is transferred to an institution called the National Visa Center. After your file is approved, the Immigration Office (USCIS) automatically sends your file to the National Visa Center. You do not need to do anything for this.
After your file reaches the National Visa Center, you will wait for the National Visa Center to contact you via email. Usually, within 1.5 to 2 months, the National Visa Center will send you an email. This email will include a document. This document informs you that the National Visa Center now has your file and explains what you need to do next.
The document from the National Visa Center will also give you a Case Number. From now on, your application will be tracked using this Case Number provided by the National Visa Center.
Additionally, the National Visa Center expects you to do three things at this stage. The first is to pay the immigration visa processing fee. The current fee is $345 per person. If you have your spouse and children included in your application, you will need to pay $345 for each person.
The second thing the National Visa Center expects from you is to mail the requested documents to the National Visa Center. The requested documents usually include your passport, visa, birth certificates, marriage and divorce certificates, if any, court files, criminal records, military documents, documents proving your income source, and deeds and licenses related to your assets, etc. You need to send these documents to the National Visa Center after paying the $345 fee.
After sending your documents, the National Visa Center will review them. If any documents are missing, they will contact you again. If your documents are complete or once they are complete, the National Visa Center will send you an email to inform you that your documents have been approved. Reviewing and approving these documents usually takes about 2 months.
Once your documents are approved by the National Visa Center, the only thing left to do is to schedule a visa appointment with the consulate. Once you are given an appointment date, this visa date will be communicated to you and your attorney. All that is left is to wait for this visa date and attend the visa interview.
Conclusion
The EB2 NIW process is quite complex and involves many details and procedures that need to be followed. Although it is a long process, the process after the EB2 NIW visa is approved is relatively easy.
If you are curious about whether you meet the necessary requirements for the EB2 NIW visa, you can send us an up-to-date and detailed CV. We will conduct a free evaluation for this visa as soon as possible and get back to you via email. If our initial review indicates that you are suitable for this visa, we will conduct a free 30-minute Zoom interview with you to make a more detailed assessment.
Who is Attorney Dr. Ergül Çeliksoy?
Attorney Dr. Ergül Çeliksoy is the co-founder of CK Law Firm. Dr. Çeliksoy has extensive experience in US immigration law. He completed his master’s degree in international law and human rights law at the University of Nottingham in 2017 and began his doctoral studies at the same university. Dr. Çeliksoy crowned his academic career by completing his Ph.D. in law at the University of Nottingham School of Law in 2022. Dr. Çeliksoy has published in leading academic journals and is internationally recognized for his expertise in modern slavery, criminal justice, and criminal law. Dr. Çeliksoy, a registered member of the California Bar, provides superior service to his clients with his deep knowledge and experience in US immigration law cases. His knowledge and experience in immigration law add valuable contributions to CK Law Firm’s work in this field.
Dr. Çeliksoy offers comprehensive and strategic solutions to his clients in immigration law cases, helping them secure their legal status in the United States. His studies on human rights and immigration processes, and his deep knowledge of modern slavery and criminal law allow Dr. Çeliksoy to effectively solve the complex legal problems faced by immigrants. Dr. Çeliksoy strengthens CK Law Firm’s leadership in immigration law by providing reliable and effective legal advice, helping his clients build their new lives in the United States.
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