The EB-1A immigrant visa classification is for the foreign nationals with extraordinary ability in the sciences, arts, education, business, or athletics, which has been demonstrated by sustained national or international acclaim. EB-1A can be self-petitioned, which means a U.S. job offer and labor certification are not needed.  The EB-1A petitioner must prove the intent to continue work in the area of his/her extraordinary ability and that his/her work will substantially benefit the United States in the future.

EB-1A Green Card Eligibility

One-time achievement (major internationally-recognized award, e.g. Pulitzer, Oscar, Olympic Medal) OR meeting 3 of the 10 criteria as follows:

  1. Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence.
  2. Evidence of the membership in associations in the field which demand outstanding achievement of their members.
  3. Evidence of published material about the petitioner in professional or major trade publications or other major media.
  4. Evidence that the petitioner has been asked to judge the work of others, either individually or on a panel.
  5. Evidence of the petitioner’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field.
  6. Evidence of the petitioner’s authorship of scholarly articles in professional or major trade publications or other major media.
  7. Evidence that the petitioner’s work has been displayed at artistic exhibitions or showcases.
  8. Evidence of the petitioner’s performance of a leading or critical role in distinguished organizations.
  9. Evidence that the petitioner commands a high salary or other significantly high remuneration in relation to others in the field.
  10. Evidence of the petitioner’s commercial successes in the performing arts.

How to Apply

Self-petition by filing Form I-140 with documentary evidence with USCIS. Form I-485 Adjustment of Status can be filed concurrently with Form I-140 provided that the petitioner is in the U.S. and an immigrant visa is available to the petitioner. If the petitioner is abroad, a consular processing is required for the application of an immigrant visa. The National Visa Center will review and send the immigrant visa application to the designated U.S. consulate abroad, where hosts the visa interview. An immigrant visa will be issued to the petitioner for the entry to the U.S. as a permanent resident.

Family Dependents’ Green Card

Spouse and unmarried children under the age of 21 may be eligible for green card application with the EB-1A petitioner. They will file separate Form I-485 in the U.S. or immigrant visa application abroad.