Advantages
The EB-1A visa offers significant benefits for individuals with extraordinary ability, providing a direct path to permanent residency without many of the restrictions and requirements of other visa categories.
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EB-1A Visa
Attention Individuals with Extraordinary Ability - Get a FREE EB-1A Evaluation
A US Immigration Attorneys will examine, evaluate and advise next steps for your case with in 2 business days.
EB-1A Visa - Extraordinary Ability
For individuals with exceptional talent in sciences, arts, education, business, or athletics
The EB-1A visa is a first-preference employment-based immigration category for individuals with extraordinary ability in sciences, arts, education, business, or athletics.
It allows qualified individuals to obtain permanent residency (green card) in the United States without requiring a job offer or labor certification, making it one of the most prestigious and direct paths to U.S. permanent residency.
No Job Offer Required
You can self-petition without needing an employer sponsor.
No Labor Certification
Bypasses the lengthy PERM labor certification process.
Priority Processing
First preference category means faster processing times than most employment-based categories.
Permanent Residency
Direct path to a green card without temporary visa stages.
Family Benefits
Spouse and unmarried children under 21 receive green cards as derivatives.
Career Flexibility
No requirement to work for a specific employer after obtaining permanent residency.
Applicant Requirements
To qualify for an EB-1A visa, you must demonstrate extraordinary ability in your field through sustained national or international acclaim and your achievements must be recognized in your field through extensive documentation.
01
Evidence of Extraordinary Ability
• Must demonstrate extraordinary ability in sciences, arts, education, business, or athletics
• Must have sustained national or international acclaim
• Must be among a small percentage at the top of your field
• Must be entering to continue work in your area of extraordinary ability
• Must have sustained national or international acclaim
• Must be among a small percentage at the top of your field
• Must be entering to continue work in your area of extraordinary ability
02
Documentation Requirements
• One-time achievement (major internationally recognized award like Nobel Prize or Olympic Medal), OR
• At least 3 of 10 specific criteria (see below)
• Must also include evidence that you will continue to work in your field
• Must demonstrate that your entry will substantially benefit the United States
• At least 3 of 10 specific criteria (see below)
• Must also include evidence that you will continue to work in your field
• Must demonstrate that your entry will substantially benefit the United States
03
Qualifying Criteria (need 3 of 10)
• National or international prizes/awards for excellence
• Membership in associations requiring outstanding achievement
• Published material about you in professional publications
• Judging the work of others in your field
• Original scientific, scholarly, or business-related contributions of major significance
• Authorship of scholarly articles in professional journals or major media
• Display of your work at artistic exhibitions or showcases
• Performance in a leading or critical role for distinguished organizations
• High salary or remuneration compared to others in the field
• Commercial success in the performing arts
• Membership in associations requiring outstanding achievement
• Published material about you in professional publications
• Judging the work of others in your field
• Original scientific, scholarly, or business-related contributions of major significance
• Authorship of scholarly articles in professional journals or major media
• Display of your work at artistic exhibitions or showcases
• Performance in a leading or critical role for distinguished organizations
• High salary or remuneration compared to others in the field
• Commercial success in the performing arts
04
Final Merits Determination
• Even after meeting 3 of 10 criteria, USCIS makes a final merits determination
• Must demonstrate a totality of evidence showing extraordinary ability
• Quality of evidence matters more than quantity
• Must show sustained acclaim and recognition
• Must demonstrate a totality of evidence showing extraordinary ability
• Quality of evidence matters more than quantity
• Must show sustained acclaim and recognition
Timelines
The EB-1A visa process involves several stages, each with its own timeframe. While processing times can vary based on USCIS workload and your specific circumstances, here are general timelines to expect.
Case Preparation
2-4 months
I-140 Processing
4-10 months (standard processing)
Premium Processing
15 calendar days (for I-140 only)
Adjustment of Status
8-14 months (if in the U.S.)
Consular Processing
3-6 months (if outside the U.S.)
Total Time to Green Card
12-24 months (can be faster with premium processing)
Comparison with Other Visas
This comparison highlights key differences between the EB-1A visa and other employment-based immigration options.
| Criteria | EB-1A | EB-1B | EB-2 NIW |
|---|---|---|---|
| For whom | Individuals with extraordinary ability | Outstanding professors and researchers | Advanced degree professionals or exceptional ability |
| Job Offer Required | No | Yes | No (with NIW) |
| Labor Certification | No | No | Waived with NIW |
| Self-Petition | Yes | No | Yes (with NIW) |
| Evidence Threshold | Very High (extraordinary ability) | High (outstanding achievement) | Moderate (exceptional ability) |
| Processing Priority | First preference | First preference | Second preference |
| Processing Time | Fastest | Fast | Moderate |
Frequently Asked Questions
Here are the most common questions applicants ask about the EB-1A visa process, eligibility, and benefits.
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What qualifies as "extraordinary ability" for an EB-1A visa?Extraordinary ability means you have risen to the very top of your field and have achieved sustained national or international acclaim. You must either have a one-time major international award (like a Nobel Prize) or meet at least 3 of 10 specific criteria outlined by USCIS, plus pass a final merits determination showing the totality of your achievements.
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Do I need a job offer or employer sponsorship for an EB-1A visa?No. One of the major advantages of the EB-1A category is that you can self-petition without an employer sponsor. You only need to demonstrate that you will continue to work in your field of expertise in the United States.
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Can I apply for EB-1A from outside the United States?Yes. You can file the I-140 petition while outside the U.S. and then proceed with consular processing for your immigrant visa at a U.S. embassy or consulate in your home country after approval.
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How long does the EB-1A process take?The entire process typically takes 12-24 months from start to finish. The I-140 petition takes 4-10 months with standard processing or 15 days with premium processing. After I-140 approval, adjustment of status takes 8-14 months, while consular processing takes 3-6 months.
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Can my family come with me on an EB-1A visa?Yes. Your spouse and unmarried children under 21 can receive green cards as derivatives of your EB-1A application. They will go through the same adjustment of status or consular processing as you do.
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Do I need to maintain my extraordinary ability after getting the green card?No. Once you receive your green card through the EB-1A category, you are a permanent resident with the same rights and obligations as any other green card holder. You are not required to maintain your extraordinary ability or continue working in the same field.
Attention Individuals with Extraordinary Ability - Get a FREE EB-1A Evaluation
A US Immigration Attorneys will examine, evaluate and advise next steps for your case with in 2 business days.