Short answer
What is the EB-1A?
EB-1A is an employment-based, first-preference green card category for individuals with extraordinary ability in the sciences, arts, education, business, or athletics: one of the small percentage who have risen to the very top of their field, shown by sustained national or international acclaim. You can file Form I-140 on your own behalf, without an employer sponsor, a job offer, or a PERM labor certification. The evidence must show a major, internationally recognized award or meet at least three of the ten regulatory criteria, and USCIS then weighs all of the evidence together in a final merits determination.
Sources: INA § 203(b)(1)(A); 8 CFR 204.5(h)(2)–(5).
Why Choose EB-1A
The advantages of the first-preference pathway
No Employer Sponsorship
Self-petition without employer sponsorship. Freedom to change jobs or start your own company.
No Labor Certification
Skip the lengthy PERM labor certification process. Faster path to green card.
Priority Processing
EB-1 is the first preference category. As of the November 2026 Visa Bulletin, EB-1 is current for every country except China and India. Premium processing available.
Family Included
Spouse and unmarried children under 21 included in your green card application.
Video Overview
EB-1A, explained in two minutes
Eligibility Requirements
Meet at least 3 of 10 regulatory criteria
You must meet at least 3 of the following 10 criteria and demonstrate that you are among the small percentage who have risen to the very top of your field.
National/International Awards
Lesser nationally or internationally recognized prizes or awards for excellence in your field.
Membership in Professional Associations
Membership requiring outstanding achievements, judged by recognized experts.
Published Material About You
Articles in major media or professional publications about your work and achievements.
Judging Others' Work
Participation as a judge of the work of others in your field (e.g., peer review, conference program committees).
Original Contributions
Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in your field.
Scholarly Articles
Authorship of scholarly articles in professional journals or major media.
Artistic Exhibitions or Showcases
Display of your work in the field at artistic exhibitions or showcases.
Critical Employment
Performance in a leading or critical role for organizations or establishments with a distinguished reputation.
High Salary
Commanded high salary or remuneration significantly above others in your field.
Commercial Success in the Performing Arts
Commercial success in the performing arts, evidenced by box office receipts or record, cassette, or video sales.
Additional Step: Final Merits Determination
Meeting 3 or more criteria is not enough. USCIS will conduct a final merits determination to assess whether the totality of evidence demonstrates sustained national or international acclaim and that you are among the small percentage at the top of your field. This second step comes from USCIS policy, not from the statute or the regulation, and its legality is contested. One federal district court has held that USCIS adopted it without notice-and-comment rulemaking (Mukherji v. Miller, No. 4:24-cv-03170 (D. Neb. Jan. 28, 2026)). Other district courts disagree, and the Fifth Circuit has held that USCIS's 2010 policy memorandum adopting the two-step approach did not require notice and comment (Amin v. Mayorkas, 24 F.4th 383 (5th Cir. 2022)). USCIS continues to apply both steps.
Self-Check
Where might your evidence fit?
Tick the criteria you think your evidence may meet, then bring the list to a consultation.
Nothing ticked yet.
The rule: evidence of a one-time achievement (a major, internationally recognized award), or evidence that satisfies at least three of the ten criteria. Whether your evidence actually satisfies a criterion is for USCIS to decide, and USCIS then makes a final merits determination, weighing all of the evidence together. This checklist does not predict whether a petition would be approved.
The Process
EB-1A process timeline
Consultation to Filing
8-12 weeks on averageAssess eligibility, collect documents, obtain recommendation letters, and prepare the petition. Varies with how quickly letter writers respond
USCIS Processing
15 business days - 6 monthsPremium or regular processing
Adjustment of Status
8-12 monthsGreen card processing and decision
Total Timeline: 12-18 months from initial consultation to green card in hand.
Within that timeline, work on your petition proceeds in defined milestones — see how we file cases.
Evidence
Typical evidence for tech professionals
Publications & Citations
- Research papers in peer-reviewed journals
- Conference presentations and proceedings
- Citation reports from Google Scholar
- Technical writing for expert readers in professional or major trade publications
- Whitepapers and technical documentation
Industry Recognition
- Awards with national or international recognition (company-only awards often lack it)
- Industry "40 Under 40" type lists
- Speaking invitations at major conferences
- Press coverage in TechCrunch, Wired, etc.
- Patents filed or granted
Contributions & Impact
- Open source projects (GitHub stars/forks)
- Revenue generated from innovations
- Users impacted by your software
- Peer review participation
- Salary data compared to field averages
Representative Matters
Success stories
AI Research Scientist
Senior researcher at major tech company with 50+ citations and conference presentations. Approved in 6 months without RFE.
Startup Founder
CTO with 3 patents, $5M in funding, and press coverage in TechCrunch and Wired. Approved via premium processing.
Software Architect
Distinguished engineer with open-source contributions, speaking engagements, and top-tier compensation. Successfully overcame RFE.
*Case details anonymized to protect client confidentiality. Results may vary based on individual circumstances.
Representative matters; outcomes vary with the facts of each case. Prior results do not guarantee a similar outcome.
Investment
Custom case-specific quotes
Every EB-1A case is unique, with different requirements for evidence, letters, and legal arguments. Rather than force your case into a one-size-fits-all pricing tier, I provide custom quotes after reviewing your background.
What influences pricing
- Number of recommendation letters needed (typically 4-7)
- Complexity of legal arguments required
- Evidence organization and presentation required
- Your timeline and urgency
Attorney Fees
Contact for a quote
Quotes are based on your specific case
USCIS Government Fees (separate from attorney fees):
Paper-filing fees per USCIS Form G-1055 (ed. 10/16/26). A self-petitioner pays a $300 Asylum Program Fee with Form I-140. A standard employer that files the petition pays $600 (8 CFR 106.1(f)(1); 106.2(c)(13)). The I-485 fee is $950 for a child under 14 filing with a parent (8 CFR 106.2(a)(21)).
Book a paid consultation to discuss your case and receive a detailed custom quote
FAQ
Frequently asked questions
What is the EB-1A visa?
EB-1A is an employment-based, first-preference immigrant (green card) category for individuals with extraordinary ability in the sciences, arts, education, business, or athletics. "Extraordinary ability" means a level of expertise showing you are one of the small percentage who have risen to the very top of your field, demonstrated by sustained national or international acclaim.
Sources: INA § 203(b)(1)(A); 8 CFR 204.5(h)(2).
Do I need an employer or a job offer to file for EB-1A?
No. EB-1A allows you to file Form I-140 on your own behalf, without an employer sponsor, a job offer, or a PERM labor certification. You do need to show that you will continue working in your area of extraordinary ability in the United States.
Sources: 8 CFR 204.5(h)(1), (h)(5).
How many EB-1A criteria do I need to meet?
You can qualify in one of two ways: evidence of a one-time achievement, meaning a major, internationally recognized award; or evidence that satisfies at least three of the ten regulatory criteria listed above. If a criterion does not readily apply to your occupation, comparable evidence may be submitted instead.
Sources: 8 CFR 204.5(h)(3)–(4).
If I meet three criteria, is my petition approved?
Not automatically. USCIS reviews EB-1A petitions in two steps: first it decides whether your evidence satisfies at least three criteria, then it makes a final merits determination, weighing all of the evidence together to decide whether you have sustained national or international acclaim and are among the small percentage at the top of your field. The second step comes from USCIS policy, and its legality is contested in federal court. One district court has held that USCIS adopted it without notice-and-comment rulemaking. Other district courts disagree, and the Fifth Circuit has held that USCIS's 2010 policy memorandum adopting the two-step approach did not require notice and comment (Amin v. Mayorkas, 24 F.4th 383 (5th Cir. 2022)). USCIS continues to apply both steps.
Sources: Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010); USCIS Policy Manual, Vol. 6, Part F, Ch. 2; Mukherji v. Miller, No. 4:24-cv-03170 (D. Neb. Jan. 28, 2026); Amin v. Mayorkas, 24 F.4th 383 (5th Cir. 2022).
How long does the EB-1A process take?
It depends on preparation, USCIS processing, and visa availability. Preparation time varies, mostly with how quickly recommendation letter writers respond, but we typically file within 8 to 12 weeks on average. With premium processing, available for an additional USCIS fee, USCIS must take action on the I-140 (an approval, a denial, a request for evidence, or a notice of intent to deny) within 15 business days. A proposed rule on premium processing timeframes (RIN 1615-AD25) has been under White House review since October 13, 2026 and has not been published. Standard processing times vary and are published by USCIS. After approval, timing for the green card depends on visa availability for your country of birth, and adjustment of status is estimated on this page at 8–12 months.
Sources: 8 CFR 106.4(e)(11), (f)(1); U.S. Department of State Visa Bulletin.
Can my spouse and children get green cards through my EB-1A?
Yes. Your spouse and unmarried children under 21 may be included as derivative beneficiaries and can apply for green cards based on your petition.
Sources: INA § 203(d).
What is the difference between EB-1A and O-1A?
EB-1A is a permanent (green card) category; O-1A is a temporary work visa. Both are for individuals with extraordinary ability, but O-1A must be filed by a U.S. employer or agent, is granted for an initial period of up to three years, and uses its own evidentiary criteria (at least three of eight, or a major internationally recognized award).
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