Sign in Subscribe

EB-1A Approval: U.S. vs. Abroad (The TRUTH Revealed!)

EB-1A Approval: U.S. vs. Abroad (The TRUTH Revealed!)
Photo by JESHOOTS.COM / Unsplash

Is It Easier to Get Your EB-1A Green Card While in the U.S. or Abroad?

Is it easier to secure an EB-1A I-140 petition if you're already in the U.S., compared to applying from outside?

The short answer, as with many things in immigration law, is: maybe. There are certainly practical advantages and procedural differences that can make your journey smoother depending on your current location. Let's break it down.

The Practical Advantages of Being in the U.S. for Your EB-1A Petition

If you're already residing in the U.S., you might find that assembling your EB-1A I-140 petition is more straightforward. Here’s why:

  • Attorney Collaboration: Being in the U.S. can significantly facilitate working closely with your immigration attorney. We can more easily collaborate, gather necessary documents, and discuss your case strategy in real-time.
  • Documentation in English: A significant portion of your background materials – such as employment records, awards, publications, and financial statements – are likely to be in English if you've been living and working in the U.S. This can streamline the preparation process and reduce the need for costly and time-consuming translations and certifications. It can also make them feel more credible and accessible to your USCIS adjudicator.
  • Demonstrating High Salary: One of the key criteria for an EB-1A petition can be demonstrating a high salary compared to your peers. If you've been earning in U.S. dollars, it's far simpler to compare your income to the metropolitan area occupational wage data where you live. This provides concrete, easily verifiable evidence to USCIS.
    • The Challenge with Foreign Salaries: Proving a high salary becomes much more complicated if your earnings are in a foreign currency, especially from a country where wages might be lower than in the U.S. Even when translated into U.S. dollars, the converted value might not appear impressive to USCIS, making it much harder to convince them of your high remuneration.

What Happens After Your I-140 Is Approved? Adjustment of Status vs. Consular Processing

Winning your EB-1A I-140 petition is a monumental step, but it doesn't immediately grant you the right to live and work permanently in the U.S. You still need to apply for your Green Card. This is where your location truly impacts the process.

  • If You Are Already in the U.S.: Adjustment of Status (AOS)
    If you're in the U.S. and your priority date becomes current (meaning an immigrant visa number is available), you can often file an Adjustment of Status application. This is essentially asking USCIS to change your current non-immigrant status (like an H-1B, L-1, or O-1) directly to lawful permanent resident status. You can usually continue living and, if authorized, working in the U.S. while your Green Card application is pending.
  • If You Are Outside the U.S.: Consular Processing
    If you're outside the U.S., you cannot "adjust" a status you don't have. Instead, you'll go through Consular Processing – applying for your immigrant visa at a U.S. embassy or consulate in your home country or country of residence. This involves different procedures and timelines, and you'll typically remain outside the U.S. until your immigrant visa is approved and you can enter as a permanent resident.

Even if you're in the U.S. and eligible for Adjustment of Status, there's a critical factor to consider: dual intent.

  • Understanding Dual Intent: Some non-immigrant statuses, like H-1B and L-1, inherently allow for "dual intent" – meaning you can legally intend to be a temporary non-immigrant while also pursuing permanent residency.
  • Statuses Without Dual Intent: However, many other non-immigrant statuses, such as F-1 (student), O-1 (extraordinary ability), or those with "gray" statuses like DACA, TPS, asylum seeker, or parolee, do not fully permit dual intent.
    • The Catch: While you might be allowed to file for Adjustment of Status from an F-1 or O-1, you must be very careful. You are generally not permitted to travel internationally while your AOS application is pending unless you receive Advance Parole from the government.
    • Advance Parole Delays: The government's processing times for Advance Parole can be unpredictable. Sometimes, it takes so long that your Green Card is approved even before your Advance Parole application is reviewed, rendering it moot. This means you could be effectively "stuck" in the U.S. for an indefinite period, unable to travel, until either your Green Card or Advance Parole is approved.
    • Processing Times for AOS: An Adjustment of Status application can take anywhere from a few months to a couple of years. While many are currently seeing quicker approvals, there's no guarantee, and an interview at a USCIS field office (which can add significant delays) is always a possibility.

So, What's the Smoothest Path for You?

Considering all these factors, the "easier" path often depends on your specific circumstances and what you value most.

  • If You Are in the U.S. and Do Not Need to Travel:
    If you're already here on a non-immigrant status (especially an H-1B or L-1 that allows dual intent) and don't foresee any urgent need for international travel, pursuing Adjustment of Status can be the smoothest experience. You can continue your life in the U.S. while your Green Card application is processed.
  • If You Are Outside the U.S. or Need to Travel:
    If you're currently outside the U.S. or if you're in the U.S. but anticipate needing to travel internationally frequently, you'll likely go through Consular Processing. While feasible, this path involves additional steps and external factors (like consulate interview availability) that are a bit more out of your direct control.

Strategic Advice for Those Outside the U.S.

If you're currently outside the U.S. and contemplating an EB-1A petition, here’s a strategic thought:

  • Consider an O-1 Visa First: Many clients find it beneficial to first secure an O-1 visa (for individuals with extraordinary ability) to come to the U.S. as a non-immigrant. Once here and working, you can then pursue your EB-1A Green Card through Adjustment of Status, potentially leveraging the benefits of being physically present in the U.S. Or you can use your O-1 visa to live and work in the U.S. for now, and leave to apply for an immigrant visa when you reach that stage in your green card process.

---
Locke Immigration Law helps American companies and immigrant professinals work together.

Send us your information to see if we can help you.

Follow Loren Locke on LinkedIn

Watch Loren Locke on YouTube

---

Want to learn how to strategically frame your achievements for the EB1A "Extraordinary Ability" visa?

My free 5-day email course, "5 Days to Your Compelling EB1A Story," provides the 'EB1A Storytelling Toolkit' to help you build a powerful case.

Sign up here: https://lockeimmigration.com/eb1a-email-course