THERE ARE TWO PORTIONS OF EB-1A Permanent Residence for Athletes & Coaches

PART 1: Eligibility - EB-1A. First the athlete has to become Eligible for the visa by providing extraordinary ability. This is what we described with the categories above.

PART 2: Permanent Residence. While the EB-1A is pending or after it is approved, the athlete can pursue the actual Permanent Residence which is the Green Card and there are two ways to do this

Obtaining the GREEN CARD A.K.A Permanent Residence - Second Part of the EB-1A Visa

Option 1: Adjusting Status while in the United States

The first way to become a permanent resident while pursuing EB-1A is the file for adjustment of status. This means you remain in the United States while your EB-1A is pending. Under this option, the athlete can file for the Green Card at the same time the EB-1A is filed, while it is pending, or after it is approved. However, under this option, the athlete would remain in the United State without traveling for 6 to 8 months while they wait for the advance parole document to be approved so that traveling during adjudication is permitted. Otherwise, they would abandon the application if they traveled before receiving the advance parole. This option is more expensive with filing fees by about $1000 dollars than the second method, but is more common in our experience. 

Option 2: Consular Processing with National Visa Center

The second way to pursue permanent residency under the EB-1A program as an athlete is to wait until the application is approved, then consular process the Green Card. In this method, the athlete would wait until the application is approved and then apply to the National Visa Center to get an interview for the Green Card. The timing on this method can be varied depending on the country and number of visas available at the time. The positive aspect is that the athlete can travel back and forth out of the United States the entire time the EB-1A is pending. The filing fees for this option are about a thousand dollars less than adjustment of status. The process requires considerable back and forth with the National Visa Center before the interview is set.

EB-1A Inquiry Regarding the Use of Premium Processing for Athletes and Coaches

Is it better to use regular or premium processing for the EB-1A visa process in terms of success rate? Also does Premium Processing apply for just the EB-1A or both the EB-1A and adjustment of status. 

Well there is no proof but there is a practical concern that adjudicating officers may be more prone to issue requests for evidence under premium processing. This reason is that they are under a time constraint to issue a response in 15 business days and it sometimes might be easier to issue a request for evidence to buy more time to respond. 

On the underhand, ultimately premium processing is preferred because it gives more of an opportunity to be meticulous in writing the original petition and the EB-1A athlete or coach will find out sooner than later if USCIS is going to be tough on the petition.