Basics
1. What is the EB-1A visa?
The EB-1A is an immigrant visa for individuals with extraordinary ability in sciences, arts, education, business, or athletics. It allows self-petition without a job offer or labor certification.
2. Who qualifies for EB-1A?
You must demonstrate sustained national or international acclaim and that your achievements have been recognized in your field through extensive documentation. You need to meet at least 3 of 10 USCIS criteria or show a one-time major achievement (like a Nobel Prize).
3. What are the 10 USCIS criteria for EB-1A?
Receipt of lesser nationally or internationally recognized prizes or awards.
Membership in associations that require outstanding achievements.
Published material about you in professional or major trade publications.
Participation as a judge of others’ work.
Original contributions of major significance.
Authorship of scholarly articles.
Display of work at exhibitions or showcases.
Leading/critical role for distinguished organizations.
High salary or remuneration.
Commercial success in the performing arts.
4. Do I need a job offer or employer sponsor?
No. EB-1A allows self-petitioning, so you don’t need a job offer or employer to file.
5. Can I include my family in the petition?
Yes. Your spouse and unmarried children under 21 can apply for green cards as your dependents.
6. What evidence is most persuasive for EB-1A?
Strong evidence includes major awards, high citation count (for researchers), leadership roles, media coverage, and expert letters confirming your influence and achievements.
7. How long does the EB-1A process take?
I-140 Processing: 1–6 months (can use Premium Processing for 15-day review).
Adjustment of Status (I-485) or consular processing can vary depending on visa bulletin availability.
8. Can I file EB-1A while in the U.S.?
Yes, if you’re in valid nonimmigrant status, you can file both I-140 and I-485 (if the visa is current).
9. Can I apply for NIW and EB-1A at the same time?
Yes, you can file both EB-1A and NIW (EB-2) petitions in parallel to improve your chances.
10. Do letters of recommendation help?
Yes. Strong, independent recommendation letters are often essential to explain and validate your extraordinary ability.
11. Is there a minimum number of publications or citations?
No official minimum, but for researchers, high-impact publications and strong citation metrics help meet criteria and strengthen your case.
12. What happens if my EB-1A is denied?
You can refile, file a motion to reopen/reconsider, or pursue other visa categories like EB-2 NIW.