The Good, The Bad, and The Ugly of Einstein Visa

"Einstein visa is the fastest way to get a green card."

"Einstein visa is only for Nobel laureates."

"STEM-professionals are best suited for EB-1A."

As an Indian engineer who dreams of a green card, you must have come across these statements more often than necessary. But what's the real truth? Is it really the best way to get a green card? Here, we tear down the EB-1A visa to its bare bones so that you can see the good, the bad, and the ugly of the Einstein visa.

THE GOOD

STEM-IT Professionals are Best Positioned to Claim EB-1A

Professionals working in STEM-related fields have the edge over professionals from other fields for a green card. The STEM or Science, Technology, Engineering, and Math-related fields are the backbone of the US economy, contributing 69% US jobs and 67% of its GDP. As of the latest reports, 2 out of 3 workers in the US come under the umbrella of STEM- from IT engineers and Ph.D. graduates to advanced manufacturing specialists and laboratory technicians. These statistics convey one thing: STEM jobs are the future and the US economy needs STEM professionals. Thus, with the USCIS special preference owing to the present economic scenario and the opportunities of specializations available, STEM jobs are best-positioned to claim EB-1A.

No Decade-Long Wait

Priority dates are current for Einstein visa unlike EB-2 and EB-3 categories. This means you don't have to wait decades to get hold of your visa, as there's no backlog. Considering the heavily backlogged status of EB-2 and EB-3 for Indians, Einstein Visa is one of the best roads Indians can take now to give life to their American dreams.

The reason for the no backlog status of EB-1A is that very few Indians apply for it. Most people believe they aren't eligible, thanks to the common misconception that it's reserved for Nobel laureates. But the truth is that many Indians, especially senior professionals qualify for this visa but are unaware of showcasing their abilities.

Self-Petition Allowed

Einstein visa isn't employer-tied. You can file the I-140 application on your own irrespective of whether you've a job or not. This is one of the most beneficial advantages of the extraordinary visa because it saves you from a very big trouble - TOXIC EMPLOYERS. You can resign, switch jobs and even be unemployed without a second thought.

But when your visa is employer tied, like in EB-2 or EB-3, switching jobs is out of the question unless you are ready to refile your 1-140 petition through your next employer. Because of this herculean task, most immigrants stay with their employers even if they get discriminated against in many ways, from lower payments to work overload.

Most Respected Employment-Based Visa Category

Not many people get awarded the extraordinary ability visa during their lifetime. It is a highly prestigious visa category awarded only to those who show extraordinary abilities in their fields. So, when you get a green card through this visa, you become one of the few successors of the great of the greatest like Einstein and notable Nobel Laureates or Olympic winners. You become one of the most valued professionals in the industry on whom the US depends for promising future work.

THE BAD

The Most Difficult Category

Einstein visa is the fastest, most respectable, and most suitable way for Indian engineers to get a green card. But let's get this straight- getting an EB-1 visa isn't easy. It is one of the most difficult categories of visa, and to be eligible, you need to be extraordinary in your field by all means. Either you should be a prestigious award winner or you should be able to furnish proof that you meet 3 out of the 10 eligibility criteria mentioned. Also, since EB-1 isn't employer-tied, you need to take full responsibility to back up your claims and show why you are eligible for this visa.

Road Less Travelled

Your path to EB-1A is a lonely road that only a few have taken before. Owing to the multiple pathways for STEM specializations, the chances of finding someone with the same specialization take a lot of work. Even if you find people from your industry who have secured green cards through the EB-1A route, you will only sometimes get the proper guidance from them as your claim might be distinct from theirs. This is because the queries you might have would be subjective to your case, and they won't always be able to give accurate answers. Thus, self-help is the best possible solution here- do your own research and be your own best advisor.

Evidence Gathering is Time-Consuming

The most important part of your EB-1A claim is your evidence. Evidence gathering is time-consuming, especially when you claim to meet specific criteria out of the given 10. For instance, to prove you earn a higher salary than most professionals in your field (above the 90 percentile), you must furnish your tax returns for a minimum of 2 years. Similarly, to prove you served a leading or critical role in an organization, you need to have served the organization for at least 6 months.

THE UGLY

No Pre-defined Adjudication Process

There's no pre-defined adjudication process for EB-1A. They follow a 2-step adjudication process where they first check if you've submitted sufficient evidence and, in the final step, determine if the evidence is enough to prove you extraordinary. But since every case that comes their way is unique, there's no uniform or pre-defined final merit determination(final step) process. Thus, USCIS officers who review your file have the sole right to decide whether you qualify.

Overestimating/Underestimating One's Abilities

Since there's no pre-defined adjudication method, you can never guess the reason why someone got qualified or disqualified for EB-1A. Also, some exceptional abilities aren't made public and hence one never knows what information is contained in a person's file.

As a consequence of this uncertainty, it is very likely that you either overestimate or undermine yourself. Just like your colleague getting EB-1A is no guarantee for you to get it, your colleague getting disqualified doesn't imply you'll have a similar fate.

Not all 10 Eligibility Criteria Directly Apply to STEM-related Fields

According to USCIS norms, the applicant must fulfill at least 3 out of the 10 eligibility criteria if not for sustained national or international acclaim. But the bad news is, as a STEM professional, you don't have 10 choices. Some criteria are inapplicable to STEM-related fields and hence ruled out right from the start. For example, the requirement "evidence of your commercial successes in the performing arts" is inapplicable to the STEM field and is most suitable for professionals from arts or sports fields.

Too Many Pitfalls If Criteria is not Understood Completely

Doing your own research is good, but it can backfire if you misunderstand certain criteria. For instance, the requirement that you "should have performed lead or critical roles in prominent organizations" implies that you must serve this position in 'prominent institutions' and not just any random organization. That means, even if you are the CEO of your startup, you still don't meet this criterion as long as your startup belongs to one of the 'prominent institutions.'

Need to Make Additional Efforts Outside Normal Job Duties

Most EB-1A criteria expect you to make additional efforts outside your regular job duties. Thus, you must have made significant contributions to society or the community to be eligible.

Now that you know the advantages and disadvantages of the Einstein visa, do you think it is the best option for you? If yes, what are you waiting for? Trust your skills and chase the American dream!