Everything you need to know about the EB-1A extraordinary ability green card process
EB-1A is a green card category for individuals with extraordinary ability in sciences, arts, education, business, or athletics. You must demonstrate sustained national or international acclaim and meet at least 3 out of 10 USCIS criteria, such as published work, awards, original contributions, or high salary.
Many software engineers, data scientists, and tech professionals successfully obtain EB-1A approval. Strong indicators include: open source contributions with significant adoption, published technical papers or patents, conference speaking engagements, industry awards, high-impact projects, thought leadership, and exceptional compensation.
No, EB-1A does not require any specific degree. USCIS evaluates your achievements and impact, not your educational credentials. Many approved candidates have bachelor's degrees or even no formal degree.
Publications and patents are just 2 of 10 possible criteria. You can qualify through other evidence like judging others' work, membership in exclusive associations, press coverage, critical role in distinguished organizations, high remuneration, or commercial success in the arts.
Yes! EB-1A is a self-petition, meaning you can apply regardless of your current immigration status. You don't need employer sponsorship, and applying doesn't affect your existing visa.
Standard processing takes 12-18 months from petition filing to approval. With premium processing (additional $2,805), you get a decision within 15 business days. Total timeline includes evidence gathering (2-6 months), petition drafting (1-2 months), USCIS review, and adjustment of status or consular processing.
The process includes: 1) Initial eligibility assessment, 2) Evidence building and gathering documentation, 3) Obtaining recommendation letters, 4) I-140 petition drafting and filing, 5) USCIS review (with possible RFE response), 6) I-140 approval, 7) Adjustment of status (if in US) or consular processing (if abroad).
An RFE means USCIS needs additional information. About 30-40% of EB-1A petitions receive RFEs. With a strong response providing the requested evidence and addressing concerns, most RFEs result in approval. Our team has extensive experience crafting successful RFE responses.
Yes, and we strongly recommend it! If you're stuck in the EB-2 or EB-3 backlog (70-100 year wait for Indian nationals), EB-1A offers immediate visa availability. You can file EB-1A while maintaining your existing priority date as a backup.
Total costs include: USCIS filing fee ($700), premium processing optional ($2,805), attorney/consultant fees ($5,000-$50,000+ depending on service level), evidence building costs (publications, conferences, etc.), and adjustment of status fees ($1,440 per person). Our packages range from $5K strategy consultation to $50K complete service.
Premium processing ($2,805) guarantees a response in 15 business days instead of 12-18 months. It's worth it if: you need certainty quickly, your current visa is expiring soon, or you want to accelerate the entire process. The approval odds remain the same.
Strategy Package ($5K): Eligibility assessment, gap analysis, and custom roadmap. Complete Package ($50K): Everything in Strategy plus petition drafting, recommendation letter guidance, filing support, and RFE response if needed. Acceleration Package (Custom): Add media placement, publication support, and patent drafting.
Strong EB-1A petitions include: published articles or papers, citation reports, conference presentations, awards and honors, recommendation letters from experts, proof of high salary, press mentions, proof of judging work, membership certificates, and evidence of original contributions with impact.
Recommendation letters are critical! You need 5-8 letters from recognized experts in your field. The best letters come from independent experts (not colleagues), explain your specific contributions, demonstrate your impact on the field, and provide objective comparisons to others. We provide templates and guidance.
Yes! Open source contributions can demonstrate extraordinary ability if you show: significant adoption (stars, forks, downloads), impact on the industry, recognition from experts, critical role in important projects, and press coverage or conference talks about your work. We help quantify and present this evidence effectively.
No, academic papers are helpful but not required. Industry professionals can show extraordinary ability through: technical blog posts with high traffic, open source documentation, conference presentations, patents, internal publications, or media interviews. We identify the best evidence for your profile.
Yes! Your spouse and unmarried children under 21 are eligible for green cards as your derivatives. They don't need to qualify separately. Include them in your adjustment of status application or consular processing.
The Child Status Protection Act (CSPA) freezes your child's age when your I-140 is filed (EB-1A has no priority date wait). This protects them from aging out during processing. However, act quickly if your child is approaching 21.
Yes! Once your I-485 (adjustment of status) is filed, your spouse can apply for an Employment Authorization Document (EAD), typically approved within 90-150 days. After green card approval, they can work freely without restrictions.
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