EB1A is an immigrant visa category in the United States designated for individuals with extraordinary ability in the sciences, arts, education, business, or athletics. This category allows these individuals to obtain a green card (permanent residency) without the need for a labor certification or a specific job offer, as long as they continue to work in their field of expertise.
Is EB1A right for me?
Is EB1A right for me?
EB1A Eligibility
To determine if EB1A is right for you, consider your achievements and recognition in your professional field.
Who Should Consider EB1A?
Ideal candidates are those with significant awards, publications, or contributions to their field. Further details on EB1A Eligibility.
What are the requirements for EB1A?
Proving Extraordinary Ability
Applicants must meet at least 3 out of 10 criteria set by USCIS or provide evidence of a one-time achievement (e.g., an Olympic medal).
Documentation
Evidence of your achievements, such as awards, recognitions, publications, and peer evaluations. More on EB1A Eligibility.
What are the unique benefits of EB1A?
No Labor Certification Required
Unlike other visa categories, EB1A doesn’t require a labor certification.
No Job Offer Needed
Applicants can self-petition, meaning a job offer is not a prerequisite.
What is the difference between EB1A and EB2-NIW?
EB1A
For those with extraordinary ability, faster processing.
EB2-NIW (National Interest Waiver)
For professionals with advanced degrees or exceptional ability, but requires proving that the work benefits the U.S.
What is the difference between EB1A and EB1B?
EB1A
Targets individuals with extraordinary abilities in their field and allows self-petition.
EB1B
For outstanding professors and researchers, but requires a job offer and employer sponsorship.
How do I apply for an EB1A?
Form I-140
File the Immigrant Petition for Alien Worker.
Documentation
Submit evidence of extraordinary ability.
What documents are required for EB1A?
Evidence of Extraordinary Ability
Awards, publications, letters of recommendation, and more.
Legal Documents
Passport, birth certificate, and any prior U.S. immigration documents.
What is USCIS looking for in an EB1A petition?
Criteria Met
Fulfillment of at least 3 of the 10 criteria for extraordinary ability.
Continued Work
Assurance that the applicant will continue working in their area of expertise.
What are the EB1A fees?
I-140 Filing Fee
Check the latest fee on the USCIS website.
Additional Costs
Attorney fees, if applicable, and fees for any necessary translations or certifications.
What happens after my EB1A application is submitted?
Receipt Notice
Confirmation of application receipt by USCIS.
Processing
Assessment of eligibility and review of documentation.
What is the waiting time for EB1A?
Processing Time
Depends on USCIS’s current workload and the applicant’s country of origin.
What are priority dates and what do they mean for me?
Priority Date
The date your I-140 is filed.
Significance
Determines your place in the green card queue.
Can I track the status of my EB1A application?
USCIS Online Tool
Use your receipt number to check your status on the USCIS website.
After submitting my EB1A petition, how long will I wait until I hear back from the USCIS?
Time Frame
Varies based on USCIS workload; expect several months.
What happens after my EB1A petition is submitted?
USCIS Review
Evaluation of eligibility and documentation.
Possible Outcomes
Approval, Request for Evidence (RFE), or denial.
What happens after my EB1A is approved?
Adjustment of Status
If in the U.S., apply for a green card.
Consular Processing
If outside the U.S., proceed with visa processing at a U.S. consulate.
What happens if my EB1A petition is rejected?
Reconsideration
Understanding reasons for rejection and considering refiling.
Alternative Options
Exploring other visa categories
What is an RFE (Request for Evidence), and what happens if I receive one?
RFE Meaning
USCIS needs more information to make a decision.
Response
Submit the requested evidence by the deadline to continue your application process.
