The EB1A green card is a special immigrant visa category for individuals who have extraordinary ability in the arts, sciences, education, business, or athletics. This type of visa allows these exceptionally talented individuals to live and work permanently in the United States. The EB1A category is particularly attractive because it is a first preference visa, meaning that it is given priority over other employment-based visas. This often results in faster processing times compared to other green card categories. In addition, EB1A applicants can self-petition, meaning they do not need a specific job offer or employer sponsorship to apply. Note that current processing times and priority dates for applicants can be found on the USCIS and the latest Visa Bulletin from the Department of State websites respectively.

To qualify for an EB1A green card, an individual must demonstrate extraordinary ability in their field through sustained national or international acclaim. This means they must show that they are among the top few percent of experts in their field. This can be done by providing evidence of a major international award (such as a Nobel Prize) or by meeting at least three out of ten specific criteria outlined by the United States Citizenship and Immigration Services (USCIS). You can see details of the latest criteria from USCIS website. These criteria include receiving lesser-known national or international awards, membership in associations that demand outstanding achievement, published material about the applicant, and serving as a judge of others in the field, among others. For detailed explanations see other questions on this webpage.

In short, the requirements are:

• You must have extraordinary ability in one of the following fields: arts, sciences, education, business, or athletics.
• Your extraordinary ability must be demonstrated by sustained national or international acclaim.
• You must be entering the United States to continue working in your field of extraordinary ability.

Proving extraordinary ability for an EB1A green card application requires a combination of documentation and expert testimony. The documentation and testimony should be support the claims you would like to make from the USCIS EB1A requirement list.  You can also find the list and other details at this link.

Applicants must demonstrate that they are recognized as among the top experts in their field through sustained national or international acclaim. This can include receiving prestigious awards, being featured in major media outlets, or having a significant body of work that has been recognized by experts in the field. In addition to documentation, letters of recommendation from experts in the field who can attest to the applicant’s extraordinary abilities are also crucial. These letters should specifically detail the applicant’s accomplishments and explain why they are considered exceptional in their field.

To determine your chances of success, follow the list of steps outlined on this webpage. If you find it hard to make an accurate assessment just from USCIS EB1A criteria and backgrounds of some approved EB1A cases, you can use our self-help packets which have an example petition to make a more accurate judgment.

Any evidence that you think can meet the EB1A USCIS criteria would be useful. For an EB1A green card application, a range of evidence can be submitted to demonstrate extraordinary ability. Examples include major international awards, national awards, membership in exclusive professional associations, published material about the applicant, scholarly articles, or exhibitions, serving as a judge of others in the field, and evidence of high salary or other significant remuneration in relation to others in the field. The evidence should be carefully chosen to best represent the applicant’s accomplishments and recognition in their field. It is also important to include letters of recommendation from experts who can attest to the applicant’s extraordinary ability and explain why they are among the top few percent in their field.

There is no specific number or type of evidence that is considered enough for an EB1A green card application. Instead, the evidence should collectively demonstrate that the applicant has sustained national or international acclaim and is recognized as one of the top few percent in their field. For those who do not have a major international award, meeting at least three out of the ten specific criteria set by USCIS is required. It is important to carefully select and organize the evidence to clearly show the applicant’s extraordinary abilities and significant accomplishments in their field. In addition to the evidence, strong letters of recommendation from experts in the field who can attest to the applicant’s exceptional skills and contributions are essential.

No, one of the unique advantages of the EB1A green card is that you do not require a job offer or employer sponsorship to apply. This feature significantly broadens the scope of eligible candidates, allowing a diverse range of extraordinary talents to pursue their professional endeavors in the United States without the need for a pre-existing employment arrangement.

If you hold a PhD or an advanced degree such as BS or MS, you are highly likely to meet some of the criteria needed to prove EB1A. While PhD is not a requirement, having one makes it easier to meet the criteria and to have success in the application process.

Yes, anyone who meets the USCIS criteria can self-petition for an EB1A green card. This means that individuals with extraordinary abilities have the privilege to apply for U.S. permanent residency without relying on a specific job offer or employer sponsorship. This flexibility is particularly beneficial for PhDs, advanced degree holders, freelancers, entrepreneurs, or those who wish to explore various professional opportunities in the U.S.

You can find more details on the application process on our website. You can also make use of examples approved petitions from our DIY packets.

The process for self-petitioning involves filing Form I-140, Immigrant Petition for Alien Worker, along with the necessary supporting documentation to demonstrate your extraordinary ability in your respective field. You must also pay the required filing fee. Once the petition is approved, you can apply for an immigrant visa (provided your priority date is current) or adjust your status to a lawful permanent resident if you are already in the United States. The process requires meticulous documentation and adherence to specific criteria to establish your eligibility.

The processing time for an EB1A application varies based on several factors such as the service center processing the petition, the applicant’s country of residence, and the completeness and complexity of the application. On average, the I-140 petition processing can take anywhere from 3 to 12 months. You can find the latest processing times from the USCIS website. If approved, the subsequent steps for obtaining an immigrant visa or adjusting status can take additional time. Application related to these subsequent steps are governed by the priority dates for your nationality. So, it is also important to note that processing times may vary based on your nationality.

The cost of an EB1A application involves a fee for several applications. I-140 is a required application. Besides depending on your situation, you may need adjustment of status, advanced parole, employment authorization for yourself and your family members.

You can find the latest fee schedule from the USCIS website. You can calculate the total fee based on your situation. As of 2023, this can ~$2000 or more.

EB1A is a preference category for individuals with extraordinary ability in their field. It differs from other employment-based categories in that it doesn’t require a specific job offer or employer sponsorship. This contrasts with other categories like EB2 or EB3 where typically, a specific job offer, and a labor certification are necessary.

Both EB-1A and EB-1B are part of the first preference employment-based immigration category. EB-1A is for individuals with extraordinary ability in their fields, while EB-1B is for outstanding professors and researchers. The evidence and qualifications required for each category differ based on their specific criteria. In general, EB-1A applicants can self-petition, but EB-1B applicants cannot and require sponsorship.

Can I change from an O-1 visa to an EB1A green card?

The EB1A and O-1 both target individuals with extraordinary abilities. While the EB1A is for permanent residency (green card), the O-1 visa is a temporary work visa. Though the criteria are similar, an O-1 visa requires a U.S. employer or agent sponsorship, whereas EB1A does not. It’s possible to transition from an O-1 visa to an EB1A green card.

Yes, you can apply for U.S. citizenship after getting an EB1A green card. This is beneficial for individuals with an advanced degree as it provides a pathway to permanent residency and eventually citizenship, without needing an employer sponsorship. After obtaining your EB1A green card, you must be a permanent resident for at least five years before applying for citizenship. However, this duration is reduced to three years if you are married to a U.S. citizen. It’s important to note that you must also meet other requirements such as demonstrating good moral character, a knowledge of U.S. government and history, and English language proficiency. Additionally, you should have maintained a substantial presence in the U.S. during this period. You can see the USCIS webpage for more details.

Certainly! You can include your spouse and unmarried children under 21 years old in your EB1A I-140 application as derivatives. Derivative applicants receive similar advantages as the primary applicant for work authorization and travel documents (advanced parole).

In short, yes, your spouse can apply for work authorization while your EB-1A green card application is pending, but there are a few things to keep in mind.

There are two ways to apply for the EB-1A green card:

1. Concurrent filing: You file Form I-140, Immigrant Petition for Alien Worker, and Form I-485, Application to Register Permanent Residence or Adjust Status, at the same time.
2. Sequential filing: You first file Form I-140, and then once it is approved, you file Form I-485.

If you choose concurrent filing, you can apply for work authorization for your spouse when you file Form I-485. If you choose sequential filing, you will have to wait until Form I-140 is approved before you can apply for work authorization for your spouse.

In either case, your priority date must be current in order to apply for Form I-485 and work authorization.

The EB-1A green card is one of the employment-based green cards, specifically for individuals with extraordinary abilities in their field. It is different from other employment-based green cards such as EB-1B and EB2 because it is meant for individuals who have reached the very top of their field.

It is not mandatory to have a lawyer when applying for an EB-1A green card, you can apply on your own if you wish to do so. You can save lot of money doing on your own. However, it is important to understand that this approach requires some research and education on your part.

Our DIY packets are designed to provide you with the guidance you need to complete the EB-1A application process on your own. However, if you are not comfortable navigating the application process for the EB-1A category on your own, or if you do not have the time to devote to the process, you may want to consider hiring an immigration attorney.

Can I appeal if my EB1A application is denied?

Common reasons for EB-1A denials include insufficient evidence of “extraordinary ability,” or the submitted evidence doesn’t meet at least three of the ten set criteria. If your EB-1A application is denied, you have the option to file a motion to reconsider or a motion to reopen with USCIS. An appeal can also be filed with the Administrative Appeals Office (AAO).

If your application is well prepared, the chances of denial are generally low. For several self-petition applicants, an RFE (request for evidence) is a common occurrence. An RFE is issued when some evidence is missing or not properly explained or clearly stated. Applicants who receive an RFE should generally provide a detailed response letter. Most applicants succeed after a response letter.

If you’re in the U.S. on another visa and apply for EB1A, you can potentially adjust your status without leaving the country. However, if you travel outside the U.S. while your EB1A application is pending, you risk being denied re-entry, unless you possess a valid advance parole document. You are eligible to apply for a parole document during I-485 application or I-485 approval.

YYes, you can travel outside the U.S. while your EB1A application is pending, but it’s not advisable without obtaining Advance Parole from USCIS. This is relevant to someone with international academic or professional or family commitments. Advance Parole is a document that allows you to re-enter the U.S. after traveling abroad while your green card application is being processed. However, leaving the U.S. without this could result in your application being considered abandoned. In some emergency situations, you can travel immediately after applying for an Advanced parole and try to receive it in the country you are traveling to so that you can use it during the re-entry to the US. You should always maintain a good immigration standing so that the officer at the entry does not have any grounds for blocking your entry. If you have applied for a EB green card make sure your current work is same or similar to the proposed work in the I-140 application.

While there are differences in green card application process for different categories (EB1A, NIW etc), once issued, they are all treated the same. Permanent resident cards, are typically valid for 10 years and can be renewed by filing Form I-90, Application to Replace Permanent Resident Card, with the U.S. Citizenship and Immigration Services (USCIS). To renew, you should file Form I-90 before your card expires, ideally 6 months prior. You can file online or by mail, and you’ll need to provide specific information about yourself and your card. After filing, you’ll receive a receipt notice, and may be asked to provide additional documents or attend a biometrics appointment. The USCIS will then process your application and, if approved, mail you a new card.

Yes, you can apply for an EB1A visa while on a J-1 visa. However, if your J-1 visa has a two-year home residency requirement (212(e)), you must either fulfill that requirement or obtain a waiver before you can change your status to an EB1A. It’s also important to note that the EB1A category has high standards. You must demonstrate extraordinary ability in your field through sustained national or international acclaim, and you must intend to continue work in your area of expertise. As an advanced degree holder, you may already have some of the evidence needed.

Yes, you can use your publications and citations as evidence for an EB1A petition. For advanced degree holders, this is particularly relevant as you likely have a significant body of academic work. USCIS considers evidence of authorship of scholarly articles in the field, in professional or major trade publications, or in other major media. The number of times your work has been cited by others can also be a strong indicator and help as evidence towards your extraordinary ability. However, the quality of the citations is as important as the quantity. Citations from well-respected professionals in your field can carry more weight. Remember, the overall goal is to demonstrate that you have sustained national or international acclaim and that your achievements have been recognized in your field of expertise.

Having national or international awards can be very important in the EB1A category as it serves as strong evidence of \”extraordinary ability\”. For someone with an advanced degree, winning such awards in your field of expertise can significantly strengthen your case. The USCIS often views these awards as confirmation of your exceptional talent and recognition by peers. However, it is not the only criterion; if you do not have national or international awards, you can still apply. You can also demonstrate extraordinary ability through other evidence such as published material about you, membership in associations, contribution of major significance in the field, etc. Remember, the key is to meet at least 3 out of the 10 criteria set by USCIS or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal).

Membership in professional associations is one of the ten criteria set by USCIS to demonstrate extraordinary ability for an EB1A green card. However, it’s not mandatory. If you meet at least three of the ten criteria, you may qualify. For individuals with advanced degrees, membership could demonstrate recognition in the field, which could strengthen your case. This is especially true if the memberships are by invitation to top experts. But you can also prove your extraordinary ability through other criteria such as published material, high salary, or significant contributions to the field. The key is to provide substantial evidence for whichever criteria you choose. Remember, the EB1A category is for individuals who are recognized as being at the very top of their field, so the evidence should reflect that level of achievement.

The EB1A application process for artists and scientists is fundamentally similar, but differences lie in the type of evidence presented to demonstrate extraordinary ability. For scientists with advanced degrees, evidence could include major awards, membership in prestigious associations, significant contributions to their field, or a high salary relative to others in the field. Artists, on the other hand, might demonstrate extraordinary ability through critical reviews, high box office sales, or recognition from organizations or critics. In both cases, the applicant must show that they are among the small percentage who have risen to the very top of their field. Advanced degree holders, such as scientists, may have an advantage in showing significant contributions to their field through their academic work.

Having a mix of achievements in different fields can actually be beneficial for an EB1A self-petition. It demonstrates a breadth of exceptional ability and versatility, which can strengthen your application. For someone with an advanced degree, this versatility can be especially advantageous as it shows that your expertise and contributions extend beyond your specific field of study. However, it’s crucial to demonstrate that you have sustained national or international acclaim in these fields. In your supporting evidence, you must clearly articulate how your achievements in each field have had a significant positive impact. This can be through awards, media coverage, letters of recommendation, or other forms of recognition. Remember, the key is to demonstrate extraordinary ability, regardless of the number of fields you have contributed to.

To demonstrate a high salary or other significant remuneration for EB1A self-petition, you need to provide official documents such as pay stubs, tax returns, or an employment contract specifying your compensation. For someone with an advanced degree, this is relevant as high compensation is often associated with individuals possessing extraordinary ability in their field, which can strengthen your EB1A petition. These documents should clearly show your earnings are significantly higher than others in your field. If possible, include comparative data or statistics to establish this. If your remuneration includes non-monetary benefits, provide detailed explanations and any available documentation. This could include, for instance, equity in a company, or a significant grant for academic research. Consulting with an immigration attorney can be helpful in determining the best way to present this information for your individual case.

Even without a single major internationally recognized award, you can still qualify for an EB1A green card. The EB1A criteria include ten evidence categories, and applicants need to satisfy at least three. These categories include lesser nationally or internationally recognized prizes/awards, membership in associations, published material about you, participation as a judge of others’ work, original contributions, scholarly articles, exhibitions or showcases, leading role within an organization, high salary compared to others, and commercial success in performing arts. For someone with an advanced degree, your scholarly articles, original contributions to your field, or a leading role in a distinguished organization could be strong evidence for your application. Therefore, even without a major award, your advanced degree can help establish your eligibility in other categories.

Yes, as a postdoctoral researcher, you can apply for an EB1A visa. For someone with PhD degree, this category is particularly relevant because your background generally tends to include various evidence that can meet the EB1A requirements. The EB1A category does not require a job offer or labor certification, making it a viable option for individuals who can demonstrate that they are among the small percentage who have risen to the very top of their field. You need to provide evidence for this, which can include major awards or prizes, membership in associations, published material about you, evidence of your role as a judge of others in your field, original contributions of major significance, authorship of scholarly articles, or evidence of commercial success in the performing arts. You can use our DIY packets or consult an immigration attorney.

Even if your field is highly specialized or not well-known, you can still apply for a green card under the EB1A category. This information is pertinent to individuals with advanced degrees as it opens opportunities for those who have excelled in niche areas of study or research. USCIS does not restrict the EB1A category to specific fields. The key is to demonstrate that you have \”extraordinary ability\” in your field. This can be shown through evidence of sustained national or international acclaim, such as awards, media coverage, or contributions to your field that have a significant impact. It may be more challenging to gather such evidence in a lesser-known field, but it is not impossible. It’s crucial to present a compelling case that you are one of the small percentage who has risen to the very top of your field.

To demonstrate that you have been judged by experts in your field, you can provide evidence of peer reviews, panel participations, or judging the work of others in the same or related academic fields. For someone with an advanced degree, this could include serving as a reviewer for academic journals, being invited to speak at conferences, or sitting on thesis committees. Other forms of evidence could be letters of recommendation from recognized experts in your field attesting to your contributions and recognition. It is important that these letters not only vouch for your qualifications, but also provide detailed examples of your work and its impact. The more specific and detailed the evidence, the stronger your case will be. Remember, the goal is to demonstrate that you are a top expert and you have sustained national or international acclaim for your work.

Yes, letters of recommendation are a crucial part of your EB1A application. These letters can provide evidence of your extraordinary ability and achievements in your field. For applicants with advanced degrees, these letters can further highlight the impact and significance of your academic research or scholarly contributions. The letters should ideally come from experts in your field, both from your home country and internationally, who can attest to your extraordinary abilities and your achievements. They should provide specific examples of your work, explain the significance of your contributions in layman’s terms, and make a case for why you are one of the few individuals at the very top of your field. The more detailed and specific the letters are, the more convincing they will be to the immigration officers reviewing your case.

A letter of recommendation for an EB1A green card self-petition should include specific examples of your extraordinary abilities and achievements in your field of expertise. It should highlight how you have significantly contributed to your field, your international recognition, and the impact of your work. This letter will help showcase your advanced degree expertise, contributions, and recognition in your field, which are crucial for the EB1A category. The letter should ideally be from an expert in your field who can vouch for your accomplishments. It should also explain why your skills are needed in the United States and how you plan to continue contributing to your field. The letter should be detailed, specific, and professionally written, as it plays a critical role in the evaluation of your EB1A petition.

The number of recommendation letters for an EB1A green card varies, but a general guideline is to have at least five to eight letters. This answer helps someone with an advanced degree because the letters of recommendation should come from experts in your field, and having an advanced degree likely means you have a network of these individuals. These letters should be from independent and well-recognized experts who can confirm your extraordinary ability in your field. It’s important to note that the quality of the letters is more important than the quantity. The letters should provide specific examples of your work and contributions, and explain why you are considered extraordinary in your field. USCIS gives significant weight to these letters during the evaluation of your EB1A petition, so they are a crucial part of the application process. You can try our DIY  packets they contain over 15 example letters.

The letters of recommendation for an EB1A self-petition should be written by experts in your field who can attest to your extraordinary ability. These could be professionals with whom you’ve worked closely, such as colleagues, professors, or supervisors, as well as renowned experts in your field who are familiar with your work. As an individual with an advanced degree, having letters from respected figures in your field of study can provide strong evidence of your extraordinary ability. Importantly, the authors of your recommendation letters should be able to provide specific examples of your contributions and their impact. They should also be capable of explaining why your work stands out and why you are considered one of the small percentage who has risen to the very top of the field of endeavor.

Yes, you can use media coverage of your work as evidence in an EB1A green card application. This is particularly relevant to individuals with advanced degrees as their work can sometuimes receive public attention and discussion. Media coverage can be used to demonstrate sustained national or international acclaim, a key requirement for the EB1A category. The media coverage must be in recognized media outlets, and it should specifically discuss your work, contributions, and achievements in your field of expertise. It’s not enough to simply have media coverage; it should show that you stand out significantly from others in the field. The more prestigious or well-recognized the media outlet, the stronger the evidence. Remember, it’s about quality, not just quantity. It’s important to provide translations if the coverage is not in English.

Commercial or critical success of your work can significantly strengthen your EB1A green card self-petition. For advanced degree holders, this can be particularly beneficial as it validates the significance and impact of your work in your field. USCIS may consider commercial success as a form of \”sustained national or international acclaim\”, one of the key criteria for EB1A eligibility. You would need to provide substantial evidence of this success, such as sales figures, profits, or other financial data. Critical success can be demonstrated by positive reviews, awards, or other recognitions from reputable sources. Remember, the more compelling the evidence, the stronger your case will be. It’s also important to note that while commercial or critical success can help, it is only one factor among many that USCIS considers in EB1A petitions.

The EB1A application process for athletes and scientists is essentially the same, as both must demonstrate extraordinary ability in their respective fields. However, the key difference lies in the type of evidence provided. Athletes might present records of their performance in international competitions, awards, and testimonials from other recognized athletes, while scientists might present their research findings, patents, publications in prestigious journals, and letters of recommendation from other distinguished scientists. Both athletes and scientists must meet at least 3 out of 10 criteria set by USCIS or provide evidence of a one-time achievement (i.e., a major internationally recognized award). Therefore, the process and criteria are the same, but the evidence provided will depend on the specific field of extraordinary ability.

Yes, you can apply for EB1A as a coach or trainer. This category is not limited to people with advanced degrees; it is for individuals with extraordinary ability in the sciences, arts, education, business, or athletics. The key to a successful EB1A application is demonstrating that you have \”sustained national or international acclaim\” and that your achievements have been recognized in your field of expertise. This could include awards, media coverage, or a high salary relative to others in the field. You also need to show that you will continue working in your area of expertise in the U.S., and that your work will substantially benefit the U.S.

Even without major awards, you can still qualify for an EB1A green card if you meet other criteria demonstrating your extraordinary ability. As an individual with an advanced degree, your significant contributions to your field can be demonstrated through other evidence such as published material about you, your membership in associations, your role in judging the work of others, or your original scholarly contributions. USCIS uses a points-based system and you need to meet at least three out of ten criteria to be eligible. Therefore, while major awards can strengthen your case, they are not the only way to establish your eligibility. You can take help from our DIY packets or consult an immigration attorney to present a strong case based on your specific circumstances and achievements.

To show that you have been recognized by organizations within your field, you would need to provide evidence of your achievements that have been acknowledged by these organizations. This could be in the form of awards, honors, or recognitions that you have received from reputable organizations in your field. For someone with an advanced degree, this recognition could have come during your academic career or post-graduation professional work, and it can significantly strengthen your EB1A application. Other evidence could include membership in associations that require outstanding achievements, letters of recommendation, or published material about you in professional publications. Remember, the key is to demonstrate that you have sustained national or international acclaim and that your achievements have been recognized by your peers in the field.

Yes, your work being displayed at exhibitions or performances can be used as evidence for an EB1A self-petition. This is particularly relevant if you applying in a field like art, music, or performance studies, where exhibitions and performances are a significant part of professional achievement. If you are refering to scientific exhibitions, this can also serve as evidence if you are invited or perfroming a demonstration. USCIS considers evidence of your work being showcased at significant exhibitions or performances as one of the criteria for demonstrating extraordinary ability. However, it’s important to note that the exhibitions or performances should be prestigious and recognized in your field. You should provide detailed information about the event, its significance, selection criteria, and any recognition or awards associated with it. The more prestigious the event, the stronger your case. Your advanced degree can further support your claim of extraordinary ability by showing a high level of expertise in your field.

If you’re unsure about qualifying for EB1A, you can try the suggestion on the self-assessment page of our website or you should consult with an immigration attorney who specializes in EB1A petitions. Having an advanced degree can contribute to your eligibility, but it’s not the only factor considered. USCIS considers various elements such as awards, media coverage, judge work, scholarly articles, original contributions, and more. It’s crucial to demonstrate that you’ve sustained national or international acclaim and your achievements have been recognized in your field of expertise.