EB1A Self-Petition: Complete DIY Guide Without a Lawyer
You don't need an attorney to file an EB1A petition. This guide walks you through the entire self-petition process step by step, from gathering evidence to filing Form I-140 and responding to potential RFEs.
What is an EB1A Self-Petition?
A self-petition means you file Form I-140 (Immigrant Petition for Alien Workers) on your own behalf, without an employer sponsor. The EB1A category is one of the few employment-based green card categories that allows this.
As the petitioner and beneficiary, you are responsible for gathering all evidence, writing (or having someone write) the petition letter, obtaining recommendation letters, and submitting the complete package to USCIS. You do not need a labor certification (PERM), and you do not need a job offer from a U.S. employer.
Who is eligible? Anyone who can demonstrate extraordinary ability in the sciences, arts, education, business, or athletics. There are no citizenship, education, or age requirements. You can file from inside the U.S. or from abroad.
Step-by-Step DIY Process
Here is the complete process for filing your EB1A self-petition, from start to finish:
Evaluate Your Eligibility
Review the 10 EB1A criteria and honestly assess which ones you can satisfy with documented evidence. You need at least 3. Take our free AI assessment for a quick evaluation across all criteria.
Identify Your Strongest Criteria
Pick the 3-5 criteria where you have the strongest evidence. For each criterion, list every piece of evidence you can provide. Think about awards, publications, citations, patents, leadership roles, press coverage, peer review invitations, and salary data.
Gather Evidence and Documentation
Collect all supporting documents: award certificates, published papers, citation reports (Google Scholar, Web of Science), media articles about your work, membership certificates, employment verification letters, salary documentation, patent records, and any other relevant materials. All documents must be in English or accompanied by certified translations.
Obtain Recommendation Letters
Request 6-8 strong recommendation letters from experts in your field. At least 3 should be from "independent" recommenders — people who have never worked directly with you but know your work by reputation. See our recommendation letter guide for templates and tips.
Write the Petition Letter
This is the most critical document. The petition letter (also called a cover letter or support letter) should be 15-25 pages and systematically argue how your evidence meets each claimed criterion. Structure it as: introduction, overview of qualifications, criterion-by-criterion analysis with references to exhibits, and a strong conclusion arguing for the totality of evidence.
Complete Form I-140
Fill out USCIS Form I-140 (Immigrant Petition for Alien Workers). For EB1A self-petition, check the box for "Alien of Extraordinary Ability" under classification. You are both the petitioner and beneficiary. Include your biographical information, work history, and intended employment field.
Organize and Label Exhibits
Organize your evidence into clearly labeled exhibits (Exhibit A, B, C, etc.) with a master index. Group exhibits by criterion. Include a table of contents at the front. USCIS officers review hundreds of petitions — making yours easy to navigate significantly helps your case.
File with USCIS
Submit your complete petition package with the I-140 filing fee ($700) and optional premium processing fee ($2,805). File by mail at the designated USCIS service center or online via myUSCIS. Keep copies of everything you submit. You will receive a receipt notice (I-797C) within 2-3 weeks.
Respond to RFE (If Issued)
If USCIS needs more evidence, they'll issue a Request for Evidence (RFE). You typically have 84 days to respond. Read the RFE carefully to understand exactly what additional evidence is needed. Address every point directly and provide the strongest additional documentation you can.
After Approval: Adjustment of Status or Consular Processing
Once your I-140 is approved, file Form I-485 (if in the U.S.) or go through consular processing (if abroad) to obtain your green card. If your EB1 priority date is current, you may be able to concurrently file I-140 and I-485.
Required Documents Checklist
Use this checklist to make sure you have everything before filing:
DIY vs Hiring a Lawyer
Here's an honest comparison to help you decide:
| Factor | DIY Self-Petition | With Attorney |
|---|---|---|
| Attorney Cost | $0 | $3,000 - $15,000+ |
| Filing Fees | $700 - $3,505 | $700 - $3,505 (same) |
| Your Time Investment | 80-200+ hours | 20-40 hours |
| Petition Letter | You write it (biggest challenge) | Attorney drafts it |
| Strategy | Self-researched | Attorney expertise in case framing |
| RFE Handling | You respond directly | Attorney handles response |
| Best For | Strong cases, detail-oriented applicants, researchers | Complex cases, busy professionals, first-time applicants |
Middle Ground: DIY with AI Assistance
Tools like VisaCanvas can help you evaluate your eligibility, organize evidence, and draft petition materials — bridging the gap between full DIY and hiring an attorney. Try the free assessment.
Common Mistakes to Avoid
These are the most frequent errors that lead to EB1A denials and RFEs:
1. Claiming criteria you can't prove
Only claim criteria where you have strong, documented evidence. Claiming 7 criteria with weak evidence is worse than claiming 3 criteria with rock-solid documentation. USCIS will scrutinize every claim.
2. Weak petition letter without legal framework
Your petition letter should reference the relevant regulations (8 CFR 204.5(h)), cite Kazarian and other relevant case law, and systematically connect your evidence to each criterion. A purely narrative letter without legal grounding is a common reason for RFEs.
3. Generic recommendation letters
Letters that only say "they are very talented" without specific examples of your impact are nearly worthless. Each letter should describe specific contributions, explain why they matter, and compare you to peers in the field. See our letter guide.
4. Ignoring the "totality of evidence" step
Meeting 3 criteria is necessary but not sufficient. USCIS applies a second step (the Kazarian "final merits determination") to assess whether the totality of your evidence demonstrates sustained national or international acclaim. Your petition letter must make this argument explicitly.
5. Poor organization and missing exhibits
A disorganized petition wastes the officer's time and can cause them to miss critical evidence. Use clear exhibit labels, a master table of contents, and tabs separating each section. Cross-reference exhibits in your petition letter.
6. Not providing context for your achievements
USCIS officers are not experts in your field. If your paper has 200 citations, explain that this is in the top 1% for your field and time period. If you won an award, explain how selective it is and how many people competed. Always provide the benchmark for comparison.
7. Submitting untranslated foreign-language documents
All documents in a foreign language must be accompanied by a certified English translation. The translator must certify that the translation is complete and accurate and that they are competent to translate.
Tips for Strengthening Your Case
Build a narrative arc
Your petition should tell a coherent story of your career and contributions. Connect the dots between your different achievements. Show how your work has built upon itself to create a sustained record of national or international acclaim, not just isolated accomplishments.
Get independent recommenders from diverse institutions
Independent letters carry more weight because the writer has no personal connection to you. Reach out to researchers who cited your work, industry leaders who know your contributions by reputation, or experts from other countries in your field.
Quantify everything
Numbers are persuasive. "Top 2% of researchers in machine learning by citation count" is stronger than "highly cited researcher." Use Google Scholar metrics, journal impact factors, award selection rates, revenue figures, and salary percentile data.
Study successful petitions
Read AAO (Administrative Appeals Office) decisions on EB1A cases in your field. These are publicly available and show you exactly what arguments USCIS found persuasive or lacking. Focus on decisions from the last 2-3 years.
Start early and iterate
Give yourself 2-4 months to prepare. Write the petition letter, set it aside for a week, then revise. Have trusted colleagues review it. The petition letter is the heart of your case — it's worth investing time to get it right.
Start Your Free EB1A Assessment
Our AI evaluates your profile across all 10 criteria in just 3 minutes. Get a personalized roadmap for your self-petition.
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