What is the EB1A Visa? Complete Guide to the Extraordinary Ability Green Card
The EB1A visa is one of the fastest paths to a U.S. green card for people with extraordinary ability in their field. This guide explains who qualifies, the 10 USCIS criteria, and why EB1A is often preferred over other employment-based categories.
What is the EB1A Visa Category?
EB1A stands for Employment-Based First Preference, Category A. It is a U.S. green card classification reserved for individuals who can demonstrate "extraordinary ability" in the sciences, arts, education, business, or athletics through sustained national or international acclaim.
Unlike most employment-based green cards, EB1A does not require a job offer or labor certification (PERM). You can petition for yourself — known as a "self-petition" — by filing Form I-140 directly with USCIS.
The legal basis for EB1A is found in the Immigration and Nationality Act (INA) Section 203(b)(1)(A) and the implementing regulations at 8 CFR 204.5(h). USCIS evaluates petitions using a two-step analysis established in the landmark Kazarian v. USCIS (2010) case: first, determine whether you meet at least 3 of the 10 regulatory criteria, and second, evaluate the totality of the evidence to determine if you have sustained national or international acclaim.
Who Qualifies for EB1A?
Despite the name "extraordinary ability," you don't need to be a Nobel laureate or an Olympic gold medalist. USCIS defines extraordinary ability as a "level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor."
In practice, successful EB1A petitioners include:
- Researchers and scientists with published papers, citations, and peer review experience
- Engineers and technologists with patents, original contributions, and industry leadership
- Business executives with high salaries, leading roles, and significant business contributions
- Artists and performers with awards, exhibitions, and commercial success
- Educators with scholarly publications, grants, and curriculum contributions
- Athletes and coaches with national/international competition records and media coverage
The key requirement is demonstrating that you meet at least 3 out of 10 regulatory criteria and that the totality of your evidence shows sustained acclaim at the national or international level.
The 10 EB1A Criteria Explained
You must satisfy at least 3 of these 10 criteria. USCIS does not rank them — meeting any combination of 3 is sufficient for the first step. Here is each criterion with practical examples:
Receipt of lesser nationally or internationally recognized prizes or awards for excellence.
Examples: Best paper award at a major conference, industry innovation award, national fellowship, Fulbright scholarship, government-recognized achievement award.
Membership in associations requiring outstanding achievement of their members, as judged by recognized experts.
Examples: IEEE Fellow, ACM Distinguished Member, National Academy of Sciences member, Royal Society Fellow. Note: Paying annual dues alone does not count — the association must require outstanding achievement for admission.
Published material in professional or major trade publications or major media about you and your work.
Examples: Feature articles in industry journals, interviews in mainstream media (NYT, Forbes, BBC), profiles in trade publications. The material must be about you, not merely authored by you.
Participation as a judge of the work of others in your field or an allied field.
Examples: Peer reviewer for academic journals (Nature, Science, IEEE Transactions), reviewer for grant applications (NSF, NIH), judge at competitions or conferences, editorial board member.
Evidence of original scientific, scholarly, artistic, athletic, or business-related contributions of major significance.
Examples: Patents that have been commercially adopted, novel algorithms or methods widely used in the field, open-source projects with significant adoption, breakthrough research cited by others. This is often the most important and most argued criterion.
Authorship of scholarly articles in professional or major trade publications or other major media.
Examples: Published papers in peer-reviewed journals, conference proceedings at top-tier venues, book chapters, technical reports in major publications. Citation count and journal impact factor help demonstrate significance.
Display of your work at artistic exhibitions or showcases.
Examples: Gallery exhibitions, museum displays, film festival screenings, design showcases at major industry events. Most applicable to visual artists, filmmakers, and designers.
Performance in a leading or critical role for organizations or establishments with a distinguished reputation.
Examples: VP or Director at a Fortune 500 company, lead researcher at a major university lab, CTO of a well-funded startup, principal investigator on a significant grant. The organization's reputation and your role's criticality both matter.
Evidence of a high salary or significantly high remuneration relative to others in the field.
Examples: Compensation in the top 10-15% for your occupation and geographic area, significant consulting fees, equity compensation, signing bonuses. Use Bureau of Labor Statistics or salary surveys as evidence.
Evidence of commercial success in the performing arts through box office receipts, sales figures, or other metrics.
Examples: Box office revenue, streaming numbers, album or ticket sales, merchandise revenue. Primarily for musicians, actors, and performers.
Pro Tip: Quality Over Quantity
Meeting 3 criteria is the minimum threshold. What matters most is the totality of evidence showing sustained acclaim. Strong evidence in 3-4 criteria is better than weak evidence across 7-8.
EB1A vs EB2-NIW: Which Should You Choose?
EB1A and EB2-NIW (National Interest Waiver) are both self-petition categories, but they have different requirements and advantages. Here's a detailed comparison:
| Factor | EB1A | EB2-NIW |
|---|---|---|
| Standard | Extraordinary ability — top of your field | Advanced degree + national interest |
| Self-Petition | Yes — no employer needed | Yes — no employer needed |
| PERM Required | No | No (waived) |
| Priority Date | EB1 — typically current for most countries | EB2 — may have longer backlog (especially India/China) |
| Premium Processing | Available (15 business days) | Available (45 business days) |
| Evidence Standard | Meet 3 of 10 criteria + totality of evidence | Three-prong Dhanasar test |
| Education Requirement | None — based on achievement | Advanced degree or exceptional ability |
| Difficulty | Higher bar — sustained acclaim | Lower bar — significant merit |
| Best For | Strong achievers, India/China born, those wanting speed | Researchers, professionals, those with advanced degrees |
Many applicants file both EB1A and NIW simultaneously as a "dual filing" strategy. If your EB1A is approved, you benefit from the faster EB1 priority date. If not, your NIW may still succeed under the lower standard.
Key Benefits of the EB1A Visa
No Job Offer Required
Self-petition directly — no employer sponsorship, no dependency on a specific job, and no risk of losing status if you change employers.
No PERM Labor Certification
Skip the PERM process entirely, which can take 12-18 months for other employment-based categories.
Premium Processing Available
Get a decision on your I-140 within 15 business days by paying the $2,805 premium processing fee.
Faster Priority Dates
EB1 priority dates are typically current for most countries, meaning less wait time compared to EB2 or EB3 categories.
Common EB1A Myths Debunked
"You need a Nobel Prize or Olympic medal"
False. While a one-time major achievement (Nobel, Pulitzer, Olympic medal) can qualify you directly, the vast majority of successful EB1A petitioners use the 10-criteria route. University researchers, software engineers, business leaders, and many other professionals have been approved.
"You must have a PhD"
False. There is no education requirement for EB1A. USCIS evaluates your achievements, not your degrees. Applicants with bachelor's degrees or even no formal degree have been approved when their work demonstrated extraordinary ability.
"Only academics and scientists can qualify"
False. EB1A covers sciences, arts, education, business, and athletics. Tech entrepreneurs, product managers, chefs, musicians, coaches, and business executives have all been approved.
"You need thousands of citations"
False. Citation count is one piece of evidence under the "original contributions" and "scholarly articles" criteria, but it's not a requirement. The quality and significance of citations matter more than raw numbers. Some fields naturally have lower citation counts.
"If you get an RFE, your case is weak"
Not necessarily. A Request for Evidence (RFE) means USCIS needs more information or documentation, not that your case is being denied. Many successful cases receive RFEs. The key is responding thoroughly and promptly.
Frequently Asked Questions
How long does the EB1A process take?
With premium processing, USCIS will issue a decision on your I-140 petition within 15 business days. Without premium processing, regular processing currently takes 6-12 months depending on the service center. After I-140 approval, you can file for adjustment of status (I-485) if you're in the U.S., or go through consular processing abroad.
How much does it cost to file EB1A?
The government filing fee for Form I-140 is $700. Premium processing adds $2,805. Attorney fees typically range from $3,000 to $15,000 depending on the complexity of your case. If you self-petition (DIY), you can save on attorney fees. See our detailed cost breakdown.
Can I file EB1A while on H-1B, F-1, or L-1 visa?
Yes. Filing an I-140 petition does not affect your current nonimmigrant status. EB1A is a "dual intent" compatible petition, meaning you can maintain your current visa status while your green card case is pending. This is particularly useful for H-1B holders approaching the 6-year limit.
What is the EB1A approval rate?
USCIS does not publish official EB1A-specific approval rates. Based on industry data and attorney reports, well-prepared cases have a high approval rate. The key factors are thorough documentation, strong recommendation letters, and a compelling petition letter that connects your evidence to the regulatory criteria.
Can my spouse and children get green cards through EB1A?
Yes. Your spouse and unmarried children under 21 can be included as derivative beneficiaries on your EB1A petition. They will receive their green cards at the same time as you (or concurrently file I-485 adjustment of status applications).
Should I file EB1A and NIW at the same time?
Filing both EB1A and EB2-NIW simultaneously is a common strategy, especially for applicants from countries with visa backlogs (India and China). If your EB1A is approved, you benefit from the faster EB1 priority date. If not, your NIW may still succeed. The additional cost is one more I-140 filing fee ($700).
Do I need to continue working in my field after EB1A approval?
You must intend to continue working in your area of extraordinary ability in the United States. USCIS requires evidence of this intent, but you are not locked into a specific job or employer. You have flexibility to change employers, start a company, or take different roles within your field.
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