Securing an EB-1A Visa for Aliens of Extraordinary Ability provides foreign nationals with a direct pathway to U.S. permanent residency (a Green Card) without requiring a U.S. employer sponsor or a PERM Labor Certification.
Malescu Law successfully obtained an EB-1A approval for an Air Traffic Controller and Air Traffic Management (ATM) specialist with over 20 years of international experience. Submitted with USCIS Premium Processing, the petition was approved in 15 business days without Requests for Evidence (RFEs).
EB-1A Visa Approval Summary
- Field of Expertise: Air Traffic Management
- Filing Method: Form I-140 with 15 Business Days Premium Processing (Form I-907)
- Processing Time: EB-1A Approved in 15 Business Days (No RFE)
- Evidenciary Criteria: Documented 8 out of 10 Criteria
Demonstrating Extraordinary Ability in Air Traffic Management
To satisfy USCIS standards for an EB-1A green card, applicants must demonstrate sustained national or international acclaim and show that their achievements have been recognized in their field of expertise.
Our legal team established extraordinary ability by documenting 8 of the 10 EB-1A regulatory criteria:
- Membership in Associations Requiring Outstanding Achievement: The client was invited to serve on a specialized task force for an intergovernmental aviation body alongside European leaders in aviation, policy, airspace management, and law.
- Published Material About the Applicant: Media coverage in a major national newspaper detailing the client’s contributions to air traffic control.
- Participation as a Judge of Others: Served as an expert reviewer evaluating training curricula and professional course materials utilized by an intergovernmental aviation body in the training of professionals in the Air Traffic Managemnt field, including government representatives and other stakeholders.
- Original Scientific Contributions: Development of high-fidelity air traffic control simulation products and training solutions of major significance to airspace management.
- Authorship of Scholarly Articles: Published research designed to provide critical support in the aftermath of serious aviation incidents or accidents in the International Federation of Air Traffic Controllers’ Associations.
- Display of Work at Exhibitions/Showcases: Presented at major industry showcases and conferences.
- Leading or Critical Role for Distinguished Organizations: Performed in a key leadership role for a governmental organization in aviation oversight.
- High Salary / Remuneration Relative to Peers: Established that the client commanded a salary at least 20% higher than top-earning professionals in their home country and internationally.
Strategic Benchmark: Our team presented wage benchmark data comparing salaries across multiple jurisdictions—including the United States—demonstrating that global air traffic control standards and compensation structures are highly integrated.
With the petition we included 8 expert recommendation letters from globally recognized leaders in air traffic control and civil aviation.
Aligning Extraordinary Ability with U.S. National Interests
In addition to satisfying the evidentiary criteria, EB-1A applicants must show that their entry will substantially benefit the United States.
We demonstrated that the Client will continue to work in the United States in the Air Traffic Management field directly by reinforcing U.S. aviation safety frameworks, and providing critical, scalable solutions to optimize the training of new air traffic controllers. The client’s technology optimizes air traffic controller training. The technology aligns directly with strategic hiring and training initiatives from May 2026 announced by the Federal Aviation Administration (FAA) aimed at expanding and modernizing the U.S. air traffic controller pipeline.
U.S. AVIATION ALIGNMENT STRATEGY
- Global Expertise ──► Scalable ATC Training Models & Safety Frameworks
- U.S. Alignment ──► Supports FAA Air Traffic Controller Workforce Initiatives
- National Impact ──► Accelerates Controller Training & Enhances Airspace Safety
Overview of EB-1A Visa Requirements
To qualify for an EB-1A green card, an applicant must satisfy at least 3 out of 10 USCIS criteria (or provide evidence of a major, one-time international award, such as a Pulitzer, Oscar, Olympic Medal, etc):
- 10 Regulatory Criteria:
- Lesser nationally or internationally recognized prizes/awards for excellence.
- Membership in associations requiring outstanding achievement.
- Published material about the applicant in professional or major media.
- Judging the work of others in the field.
- Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance.
- Authorship of scholarly articles in professional journals or major media.
- Display of work at artistic exhibitions or showcases.
- Leading or critical roles for organizations with a distinguished reputation.
- High salary or significantly high remuneration relative to others in the field.
- Commercial successes in the performing arts.
- Kazarian Two-Step Analysis: USCIS evaluates petitions using a two-step standard:
- Step 1: Verify whether the petitioner meets at least 3 of 10 criteria or a major, one-time international award.
- Step 2 (Final Merits Determination): Evaluate whether the cumulative evidence demonstrates that the applicant has achieved a level of expertise placing them at the very top of their field with sustained national or international acclaim.
- Intent to Continue Work in the U.S.: Proof that the applicant will continue working in their field upon obtaining permanent residence.
Consult Malescu Law for EB-1A Applications
The EB-1A visa offers an advantageous immigration pathway for highly accomplished researchers, athletes, executives, scientists, artists and industry leaders worldwide irrespective of the field. To learn more, visit EB-1 Visa.
Contact our EB-1A visa attorneys today to schedule a strategy consultation.
Malescu Law P.A. – Business & Immigration Lawyers