Resources & EAD Lawsuit Information

How long does the EB-1A process take?

From initial consultation to green card in hand, most EB-1A cases take 12-18 months. This includes 1-2 months for evidence gathering, 2-4 weeks for petition preparation, USCIS processing (15 days with premium processing or 6-12 months regular), and 8-12 months for adjustment of status.

Can I apply for EB-1A while on H-1B or F-1 OPT?

Yes. EB-1A is a dual-intent visa category, meaning you can maintain your current nonimmigrant status (H-1B, F-1, O-1, etc.) while pursuing a green card. Your EB-1A application will not affect your current visa status.

Do I need a job offer for EB-1A?

No. EB-1A allows self-petition without employer sponsorship or job offer. You can file your own petition and are free to change employers even while the petition is pending.

What's the difference between O-1A and EB-1A?

O-1A is a temporary work visa requiring employer sponsorship (renewable indefinitely). EB-1A is a green card category that doesn't require employer sponsorship. O-1A has a somewhat lower bar for eligibility and can be approved in 15 days with premium processing, while EB-1A leads to permanent residency but takes longer.

How much does an EB-1A petition cost?

Attorney fees typically range from $8,000-$15,000 depending on case complexity. USCIS filing fees are $715 for I-140 and $1,440 for I-485 (adjustment of status). Premium processing adds $2,965. Total cost is usually $10,000-$20,000 for the entire process.

What happens if my EB-1A petition is denied?

If denied, you can file a Motion to Reopen/Reconsider or submit a new petition with additional evidence. Many initially denied petitions are approved on resubmission with strengthened evidence. Your current visa status is not affected by the denial.

Can my spouse work on an EB-1A green card?

Yes. Your spouse and unmarried children under 21 are included in your EB-1A application and will receive green cards as derivative beneficiaries, allowing them to work and live in the U.S. permanently.

How many evidence criteria do I need to meet?

You must meet at least 3 of the 10 regulatory criteria. However, meeting 3 criteria is just the first step—USCIS then conducts a final merits determination to assess whether the totality of evidence demonstrates sustained national or international acclaim.