What is an Einstein Visa and Why Should You Apply For It?

What's an Einstein Visa? Can I get a green card through it as an Indian?

What are the benefits of the Einstein Visa? Should I be a Ph.D. holder or Nobel laureate to be eligible to apply?Is it a viable option for industry experts in Information Technology?

If these are some of the questions you have about the Einstein Visa, this article is for you. Here we talk about Einstein Visa, its eligibility criteria, common misconceptions about it, and why it is the perfect option for Indians, especially Indian engineers, to get US green cards.

What is an Einstein Visa?

Einstein visa, also called EB-1A visa or extraordinary ability visa, is a visa issued to non-US citizens who are exceptionally talented in the field of arts, athletics, education, business, or sciences and have received national or international recognition.

Immigrants who qualify for the EB-1A visa are considered to be one of the best in their fields and are considered an asset to the future of the US.The EB-1A visa got popular as Einstein Visa after Albert Einstein was awarded this visa in 1932.

What are the Benefits of an Einstein Visa?

As an Indian engineer with an American dream, an Einstein visa is the shortest route to green cards, especially when Indians are the most affected by the green card backlog. It is best suited for anyone from software engineers to someone in information technology.

Here are the benefits that make Einstein Visa a desirable option for Indians, no matter their field or experience:

1. Self-Petition Allowed- You can self-petition yourself on the USCIS I-40 form and needn't wait for an employer to do it for you. Also, you don't have to worry if you are jobless, have recently changed, or quit your job. None of these matters, as you aren't tied to an employer.

But this isn’t the case with other EB-1 categories like EB1B and EB1C as they are employer sponsored. Switching jobs in between require them to file an EB1B / EB1C I-140 with the new employer. Many applicants sacrifice better positions or higher pay and tolerate toxic employers because of the negative impact switching jobs can make on their green card dreams.

2. No Need for PERM Certification- EB-1A applicants don't need PERM certification. A PERM certification is a document that allows an immigrant to work in the US.

To get your PERM certification, your employer should first prove that there aren't any qualified US citizens willing to work in your position. This is done by posting the job listing in newspapers and reviewing resumes for at least a month. Your employer should also agree to offer the prevailing wage for the position. Once these two conditions are fulfilled, the Department of Labor goes through your file and arrives at a decision. This process takes from about six months to more than a year.

Thus, by moving ahead of this complex and time-consuming step, you save a lot of time and move one step closer to your ultimate dream- the green card.

3. Current priority dates- The priority date determines your place in the line of green card applicants. According to the USCIS, October 2022 bulletin, priority dates are current for EB-1A visas. This means that applicants can file I-140 and I-485 petitions simultaneously. This further reduces the wait time for green cards for the EB-1 category.

4. Faster Processing and Approval- You don't need to spend your life waiting for your green cards. The number of applicants from India for this visa is considerably less when compared to the EB-2 and EB-3 categories. Hence, there's no backlog, and you'll receive your green card in less than a year.

What are the Eligibility Criteria for an Einstein Visa?

To be eligible for an Einstein visa, you should fulfill either of the two conditions:

1. Be an international or national award recipient - Pulitzer, Oscar, and Nobel prizes are some of the awards included in the list of acceptable recognitions.

2. Fulfill 3 out of the 10 eligibility criteria listed by USCIS:

1. Be a recipient of lesser-known national or international accolades.

2. Be a member of associations that require its members to be top in their field.

3. Provide evidence of published material about you in journals, trade publications, or major media.

4. Have judged the work of others, either individually or as a part of a panel.

5. Provide evidence of original contributions in your respective field.

6. Have scholarly works in journals, trade publications, or major media.

7. Provide proof that your work was showcased at artistic exhibitions or showcases.

8. Provide evidence that you've performed lead or critical roles in prominent organizations.

9. Submit proof of higher remuneration than most professionals in your field.

10. Provide evidence of your commercial success in performing arts.

Apart from this, as an applicant, you must also assure that you'll continue to work in your respective field even after you become a green card holder.

What are the Common Misconceptions Regarding Einstein Visa?

There are many misconceptions about the Einstein Visa that trick most Indian green card applicants into believing that this visa is out of their league. Here are a few of them:

1. You need a Ph.D. to be eligible for EB-1A- A Ph.D. is not mandatory to apply for Einstein Visa. Unlike other visa categories that mention specific educational qualifications to be eligible to apply, EB-1A doesn't require you to have any set academic qualifications. That means you are eligible to apply for this visa no matter what your educational qualifications are.

2. You need to be a prestigious award winner- This is one of the most common misconceptions and the name, Einstein visa also adds to this confusion. Like mentioned earlier in this article, you should either have a sustained acclaim nationally or internationally or fulfill 3 out of 10 conditions stated in the eligibility criteria.

In other words, the genius is in identifying your field and proving that you are in the top 10% in this field.

1. You need to meet all 10 of the eligibility criteria- There will be lawyers telling you to meet as many criteria as possible just to be on the safe side. But in reality, you only need to meet just 3 out of the 10. However, if you are still unsatisfied, you can tick off one or two conditions in addition to the main 3.

Considering the turn of events, Einstein visa is inarguably the trump card you can use to save yourself from decades of waiting and get hold of your green cards. With proper guidance, you can learn how to build your profile and make yourself worthy of an Einstein Visa. Stay tuned for more details.