EB1ahub

Complete EB-1A Guide

Everything you need to know about the EB-1A extraordinary ability green card pathway. From eligibility to approval, this comprehensive guide covers it all.

What is EB-1A?

EB-1A (Employment-Based First Preference - Extraordinary Ability) is a U.S. immigrant visa category for individuals who have risen to the very top of their field. Unlike EB-2 and EB-3 categories, EB-1A requires no employer sponsorship and offers current priority dates with no backlog.

Key Benefits of EB-1A
  • No employer sponsorship required (self-petition)
  • No labor certification (PERM) needed
  • Current priority dates with no backlog
  • Fast processing with premium processing option
  • Freedom to change employers or start a business
  • Path to permanent residency in 1-2 years

The 10 USCIS Criteria

To qualify for EB-1A, you must meet at least 3 of the following 10 criteria. We recommend meeting 5-6 for maximum approval chances.

1. Awards
Evidence of receipt of nationally or internationally recognized prizes or awards for excellence in your field.

Examples: Industry awards, hackathon wins, fellowship selections, prestigious honors

2. Professional Memberships
Membership in associations that require outstanding achievements as judged by recognized experts.

Examples: IEEE Senior Member, ACM Distinguished Member, selective professional societies

3. Published Material About You
Published material in professional publications, trade journals, or major media about you and your work.

Examples: Tech blog features, podcast interviews, news articles, conference spotlights

4. Judging Others' Work
Evidence of participation as a judge of the work of others in the same or allied field.

Examples: Conference reviewer, hackathon judge, journal peer reviewer, grant evaluator

5. Original Contributions
Evidence of original scientific, scholarly, or business-related contributions of major significance.

Examples: Innovative algorithms, open-source projects, patents, significant technical innovations

6. Scholarly Articles
Authorship of scholarly articles in professional journals or major media.

Examples: IEEE papers, ACM publications, technical blog posts, research papers

7. Exhibitions
Evidence of display of work at artistic exhibitions or showcases.

Examples: Tech demos at major conferences, featured projects, exhibition booths

8. Leading Role
Evidence of leading or critical role in distinguished organizations with an outstanding reputation.

Examples: Tech lead at FAANG, principal engineer, key role in recognized startups

9. High Salary
Evidence of commanding high salary or remuneration relative to others in the field.

Examples: Top percentile compensation, equity packages, consulting rates

10. Commercial Success
Evidence of commercial success in the performing arts.

Examples: Box office receipts, record sales, streaming metrics (mainly for artists)

Application Process

Step 1
Eligibility Assessment

Evaluate your current profile against the 10 criteria. Identify which criteria you meet and which you need to develop. Timeline: 1-2 weeks.

Step 2
Evidence Collection

Gather all supporting documentation: certificates, publications, letters, media coverage, salary evidence, and testimonials. If needed, spend time strategically building your profile through publications, awards, and industry recognition. Timeline: 2-12 months.

Step 3
Petition Preparation

Draft comprehensive I-140 petition following Kazarian framework with detailed legal arguments and organized evidence. Timeline: 4-6 weeks.

Step 4
USCIS Filing

Submit petition to USCIS with premium processing (optional). Wait for decision or respond to RFE if issued. Timeline: 2-6 months.

Step 5
Green Card Application

After I-140 approval, file I-485 (if in US) or go through consular processing (if abroad) for final green card. Timeline: 6-12 months.

Timeline Summary

Evidence Collection (if needed):6-12 months
Petition Preparation:1-2 months
USCIS Processing:45 days (premium) or 6 months (regular)
Green Card Processing:6-12 months
Total Timeline:14-28 months

Common Questions

Do I need an attorney?

While not legally required, working with immigration experts significantly increases approval chances. EB-1A petitions are complex legal documents requiring strategic presentation and strong legal arguments.

Can I apply while on H-1B?

Yes! EB-1A is a self-petition and doesn't require your employer's involvement. You can apply while maintaining H-1B status.

What if I get an RFE?

Requests for Evidence are common and manageable. With expert response, most RFEs result in approval. The key is addressing USCIS concerns comprehensively.

Ready to Start Your EB-1A Journey?

Schedule a free consultation to assess your eligibility and create your personalized roadmap.