The EB-1A is an employment-based, first-preference green card for people with extraordinary ability in the sciences, arts, education, business, or athletics. You qualify by showing a one-time major international award or by meeting at least three of ten criteria under 8 CFR 204.5(h), then passing a final merits review. No employer, job offer, or PERM labor certification is required.
What Are the Ten EB-1A Criteria?
USCIS lists ten types of evidence: lesser nationally or internationally recognized prizes, memberships requiring outstanding achievement, published material about you, judging the work of others, original contributions of major significance, scholarly articles, artistic exhibitions, leading or critical roles at distinguished organizations, high salary relative to the field, and commercial success in the performing arts. Meeting three is only step one.
How Does USCIS Actually Decide? The Kazarian Two-Step
Under Kazarian v. USCIS, officers first check whether your evidence satisfies at least three criteria, then conduct a final merits determination asking whether the record as a whole shows sustained national or international acclaim and that you are among the small percentage at the top of your field. Most denials happen at step two, which is why strong petitions tell a coherent story of impact rather than listing achievements.
Can You Self-Petition for EB-1A?
Yes. The EB-1A is one of only two employment-based green cards you can file for yourself, without an employer. You must show you will continue working in your area of extraordinary ability in the U.S., which can be as an employee, founder, or independent professional.
How Much Does an EB-1A Petition Cost in 2026?
The Form I-140 filing fee is $715, plus an asylum program fee of $300 for most self-petitioners and small employers ($600 for employers with more than 25 employees). Optional premium processing costs $2,965 as of March 1, 2026, with USCIS action guaranteed within 15 business days.
EB-1A vs EB-2 NIW: Which Should You File?
| Factor | EB-1A | EB-2 NIW |
|---|---|---|
| Standard | Extraordinary ability, top of field | Work of substantial merit and national importance |
| Self-petition | Yes | Yes |
| PERM required | No | No, waived |
| Visa bulletin wait | Shortest of all employment categories | Longer, significant backlog for India |
| Premium processing | 15 business days | 45 business days |
Many strong candidates file both. The NIW has a lower bar, while EB-1A first preference usually means a much shorter wait for a visa number, especially for applicants born in India or China.
FAQs About the EB-1A Green Card
Do I need a Nobel Prize level award? No. A major international award qualifies on its own, but nearly all approved EB-1A petitions instead meet three or more of the ten criteria.
Can I file EB-1A while on H-1B or O-1? Yes. Filing an I-140 does not disturb valid nonimmigrant status, and O-1 evidence often overlaps heavily with EB-1A evidence.
How long does EB-1A take? With premium processing, the I-140 decision comes within 15 business days. Total green card timing depends on visa bulletin movement and whether you adjust status or consular process.
What if my petition receives an RFE? Requests for evidence are common at the final merits stage. A focused response addressing sustained acclaim, supported by expert letters, frequently turns RFEs into approvals.
Talk to a Texas Immigration Lawyer About Your EB-1A Case
Ahluwalia Law Offices, PC prepares EB-1A petitions for researchers, executives, and entrepreneurs nationwide from our Dallas and Houston offices. Schedule a consultation or explore our immigration practice.
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