EB-1A Extraordinary Ability Green Card

What Is the EB-1A Visa?

The EB-1A is the pinnacle of U.S. employment-based immigration, reserved for individuals who have risen to the very top of their field and can demonstrate extraordinary ability through sustained national or international acclaim. Unlike most green card categories, the EB-1A requires no employer sponsor, no job offer, and no labor market test. Strasser Asatrian LLC prepares EB-1A petitions for clients across many countries and fields, including petitions refiled after a denial elsewhere.

You file a self-petition on your own behalf, and for most nationalities there is essentially no wait for a priority date, meaning the EB-1A is frequently the fastest available path to a green card for highly accomplished professionals. Compare the EB-1A with other business immigration options to determine which fits your situation.

Who Qualifies?

To qualify, you must demonstrate extraordinary ability through either a single major international award (Nobel Prize, Oscar, Grammy, Olympic medal) or evidence of at least three of the following ten regulatory criteria. The criteria are in 8 CFR 204.5(h)(3), and USCIS reads them in two steps, as the Ninth Circuit held in Kazarian v. USCIS and the USCIS Policy Manual directs: first whether the evidence meets at least three criteria, then a final merits determination of whether the record as a whole shows that you are among the small percentage at the very top of the field.

Who the EB-1A Is For

The criteria read differently for each profession. A physician meets them through research, guidelines, leadership and recognition beyond the hospital; a scientist through citations, peer review, grants and invited roles; an executive or founder through the organization’s reputation, the role, the remuneration and the press; an artist or athlete through awards, reviews, commercial success and the record of competition. The firm’s pages for particular audiences explain the evidence that counts for each.

EB-1A vs. EB-2 National Interest Waiver

Both allow self-petitioning without an employer sponsor. Key differences, explained in full on our EB-2 National Interest Waiver page and in our NIW versus EB-1A comparison:

The Petition Process

1. Case Assessment & Evidence Building

Every successful EB-1A petition starts with a rigorous audit of your credentials against the ten criteria. Harry Asatrian personally reviews each client’s CV, publications, citations, salary data, press coverage, and professional roles before making a recommendation. We only take on cases we believe can win.

2. Petition Drafting (Form I-140)

The I-140 is accompanied by a detailed support letter, often 30 to 60 pages or more, that walks USCIS officers through each criterion with specific documented evidence. The quality of this letter is the single biggest determinant of success.

3. Adjustment of Status or Consular Processing

Once the I-140 is approved, you file the I-485 adjustment of status (if in the U.S.) or undergo consular processing at a U.S. embassy abroad, along with work authorization (EAD) and travel documents (Advance Parole).

Common Mistakes to Avoid

• Filing before you’re ready: A denial sets your timeline back. If your record is borderline, spend 6 to 12 months building additional evidence first.
• Weak expert letters: Generic praise carries little weight. USCIS wants letters from independent experts who explain specifically how your contributions rise above the norm.
• Ignoring the totality standard: Meeting three criteria technically is not enough if the overall picture doesn’t show someone at the very top.
• Overstating credentials: If your support letter makes claims the evidence doesn’t support, the officer will discount everything, including your stronger evidence.

If your petition has already been denied, our EB-1A denial appeals page explains the 30-day I-290B window, AAO appeals, motions to reopen, and refiling.

Frequently Asked Questions

What is an EB-1A visa?

The EB-1A is the employment-based first preference immigrant category for a person of extraordinary ability in the sciences, arts, education, business or athletics, shown by sustained national or international acclaim. The regulation says that neither a job offer nor a labor certification is required, and it lets you file the petition yourself.

What evidence is needed for an EB-1A petition?

Either a one-time achievement, a major internationally recognized award, or evidence meeting at least three of the ten criteria in 8 CFR 204.5(h)(3): prizes and awards, membership in associations that require outstanding achievement, published material about you, judging the work of others, original contributions of major significance, scholarly articles, display of your work at exhibitions, a leading or critical role for a distinguished organization, a high salary, and commercial success in the performing arts. USCIS then reviews the record as a whole in a final merits determination.

How long does the EB-1A process take?

Without premium processing the petition waits in the regular queue, whose length USCIS publishes on its processing times page. With premium processing, Form I-907, USCIS acts within 15 business days: an approval, a denial, a request for evidence or a notice of intent to deny. When a visa number is available, which it was for most countries of birth in the Visa Bulletin on the review date, the I-485 adjustment of status application can be filed at the same time as the petition.

Do I need a job offer for the EB-1A?

No. The regulation says that neither an offer of employment nor a labor certification is required for this classification, and that you, or anyone on your behalf, may file the petition. You do have to show that you are coming to continue work in your area of extraordinary ability.

Do I need a Nobel Prize to qualify?

No. A major internationally recognized award is one of two ways to qualify, and almost no petitioner has one. Nearly every EB-1A petition is built on the ten-criteria framework and the final merits review that follows it.

Can I apply if I am on an H-1B or O-1?

Yes. Your current status does not affect eligibility to self-petition, and the O-1 regulation says that filing an immigrant petition is not a reason to deny an O-1 petition or extension. Many clients continue working in H-1B or O-1 status while the petition is pending.

What happens if the petition is denied?

The denial notice says which criteria the officer found unmet and why. Within 30 days of service of the decision, 33 days when it was mailed, a Form I-290B can appeal to the Administrative Appeals Office or ask the officer to reopen or reconsider, and a new petition with a stronger record can be filed. The EB-1A denial page explains the choice.

Official Sources

Every statement of law, fee, form or timing on this page was read from one of these sources on the date shown. The law and the fees change; check the source before you rely on a figure.

1. INA section 203(b), 8 U.S.C. 1153(b) (the employment-based preferences, the EB-1A at section 203(b)(1)(A)) (read 2026-11-05)
2. 8 CFR 204.5(h) (2025 edition), aliens of extraordinary ability: the definition, the one-time achievement and the ten criteria (read 2026-11-05)
3. USCIS Policy Manual, Volume 6, Part F, Chapter 2 (Extraordinary Ability): the two-step analysis, the criteria, comparable evidence and the final merits determination (read 2026-11-05)
4. Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010): the two-step analysis of an extraordinary ability petition (read 2026-11-05)
5. USCIS, Form I-140 page (last reviewed July 24, 2026) and Form I-140 Instructions, edition 06/07/24 (read 2026-10-22)
6. USCIS, How Do I Request Premium Processing? (page last reviewed March 23, 2026) (read 2026-10-22)
7. USCIS, Concurrent Filing of Form I-485 (page last reviewed June 20, 2024) (read 2026-10-22)
8. U.S. Department of State, Visa Bulletin for October 2026 (Number 19, Volume XI) (read 2026-10-22)
9. USCIS Fee Schedule, Form G-1055, edition of October 16, 2026 (the PDF linked from uscis.gov/g-1055) (read 2026-10-22)
10. USCIS, Form I-290B page (last reviewed October 7, 2026) (read 2026-10-22)
11. 8 CFR 103.3 (2025 edition), denials, appeals and precedent decisions (read 2026-10-22)
12. USCIS, Check Case Processing Times (the processing time tool, and the "outside normal processing time" inquiry) (read 2026-11-05)
13. 8 CFR 214.2(o) (2025 edition), O-1 and O-2 classification: the petition, the consultation, the evidentiary criteria (read 2026-11-05)

Our Ridgewood, NJ office handles EB-1A alongside the full range of business and employer-sponsored matters. For work visas, PERM, and other immigration options, see our immigration lawyer Ridgewood practice.