EB1A Visa Requirements & FAQ | Costs & Fees

EB1A Criteria: An Overview and Who Qualifies

EB1A, also known as the Employment-Based First Preference Category, is a type of employment-based green card that allows individuals with extraordinary ability in the sciences, arts, education, business, or athletics to come to the United States to work. This article will provide an overview of what an EB1A petition is and who qualifies for it.

EB1A is considered a first preference category because it is intended for individuals with exceptional abilities. To be eligible for an EB1A petition, an individual must demonstrate that they have achieved national or international recognition for their abilities in their field. This can be done through various forms of documentation, such as awards, publications, membership in professional associations, or other forms of recognition.

US Citizenship and Immigration Services (USCIS) provides detailed guidance on the requirements for an EB1A petition. According to USCIS, an individual may be eligible for an EB1A petition if they meet three of the following criteria:

1. Receipt of a major, internationally recognized award, such as a Nobel Prize.
2. Membership in associations that require outstanding achievements of their members, as judged by recognized national or international experts in the field.
3. Published material about the alien in professional or major trade publications or other major media.
4. Participation, either individually or on a panel, as a judge of the work of others in the same or an allied field.
5. Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field.
6. Authorship of scholarly articles in the field, published in professional or major trade publications or other major media.
7. Display of the alien’s work at artistic exhibitions or showcases.
8. Performance of a leading or critical role in a distinguished organization.
9. Command a high salary or other remuneration for services, evidenced by contracts or other reliable evidence.
10. Commercial successes in the performing arts.

It is important to note that USCIS has strict requirements for the evidence submitted in support of an EB1A petition. The Department of State (DOS) provides additional guidance on the types of evidence that may be submitted in support of an EB1A petition. The DOS suggests that individuals seeking an EB1A petition provide documentation such as letters from experts in the field, copies of articles and other publications, awards, and any other evidence of recognition.

In conclusion, the EB1A petition is a type of employment-based green card intended for individuals with extraordinary abilities in the sciences, arts, education, business, or athletics. To be eligible for an EB1A petition, an individual must demonstrate that they have achieved national or international recognition for their abilities in their field. USCIS and DOS provide detailed guidance on the requirements for an EB1A petition and the types of evidence that may be submitted in support of it.

Sources:

• USCIS: https://www.uscis.gov/green-card/green-card-processes-and-procedures/employment-based-immigration-first-preference-eb-1/eb-1-extraordinary-ability
• DOS: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2022/visa-bulletin-for-february-2022.html

Required Documents and Checklist

EB1A, also known as the Employment-Based First Preference Category. Here we share the EB1A visa requirements. This is a type of employment-based green card for individuals with extraordinary ability in the sciences, arts, education, business, or athletics. Applying for an EB1A petition can be a complex process, and it’s important to submit all the required documents to increase your chances of success. This article will provide a checklist of the required documents for an EB1A petition and where to find more information.

US Citizenship and Immigration Services (USCIS) provides a detailed list of the required documents for an EB1A petition. According to USCIS, the following documents must be submitted with the EB1A petition:

1. Form I-140, Immigrant Petition for Alien Worker.
2. Evidence of the individual’s extraordinary ability, including awards, publications, memberships in professional associations, or other forms of recognition.
3. Evidence of the individual’s ability to continue to work in their field at a high level, such as a job offer letter.
4. Proof of the individual’s educational qualifications, such as diplomas or transcripts.
5. Evidence of the individual’s ability to pay for their living expenses, such as bank statements or tax returns.
6. Any additional evidence required by USCIS, such as a labor certification or a National Interest Waiver request.

It is important to note that USCIS has strict requirements for the evidence submitted in support of an EB1A petition. The required evidence must be clear and convincing and demonstrate that the individual has achieved national or international recognition for their abilities in their field. USCIS provides detailed guidance on the types of evidence that may be submitted in support of an EB1A petition, and it’s a good idea to review this guidance carefully before submitting your petition.

In conclusion, the EB1A petition is a type of employment-based green card for individuals with extraordinary ability in the sciences, arts, education, business, or athletics. Applying for an EB1A petition requires submitting a detailed list of required documents, including Form I-140, evidence of extraordinary ability, proof of the ability to continue to work in the field, and evidence of the ability to pay for living expenses. USCIS provides a detailed list of the required documents and guidance on the types of evidence that may be submitted.

Sources:

• USCIS: https://www.uscis.gov/green-card/green-card-processes-and-procedures/employment-based-immigration-first-preference-eb-1/eb-1-extraordinary-ability

EB-1A, also known as the Employment-Based First Preference Category, is a type of employment-based green card for individuals with extraordinary ability in the sciences, arts, education, business, or athletics. It’s a popular choice for individuals with exceptional talent who want to work and live in the United States. Here are some interesting statistics and facts about the EB-1A petition that you might not know.

1. EB-1A petitions have a higher approval rate compared to other employment-based green card categories. According to the U.S. Citizenship and Immigration Services (USCIS), the approval rate for EB-1A petitions is approximately 80-90%.
2. EB-1A petitioners do not need a job offer or a Labor Certification. This makes the EB-1A petition a popular choice for individuals who want to work in the United States but do not have a job offer.
3. EB-1A petitioners can include their spouses and children in their petition. This means that the spouse and children of the petitioner can also receive green cards and live in the United States.
4. U.S. Presidents have recognized the importance of attracting and retaining talented individuals. For example, President Obama stated that “we must continue to attract the best and brightest from around the world.” President Trump also recognized the importance of attracting talented individuals, stating that “we need to attract the best and brightest to our country to ensure our continued success.”
5. The EB-1A petition has been the subject of news articles and discussions in major news outlets such as The Wall Street Journal, CNN, and Fox News. These news articles discuss the benefits of the EB-1A petition, the requirements for eligibility, and the process for applying.

In conclusion, the EB-1A petition is a popular and effective way for individuals with extraordinary ability in the sciences, arts, education, business, or athletics to work and live in the United States. With a high approval rate, the ability to include spouses and children, and recognition from U.S. Presidents, the EB-1A petition is an attractive option for individuals who want to work in the United States.

Sources:

• USCIS: https://www.uscis.gov/green-card/green-card-processes-and-procedures/employment-based-immigration-first-preference-eb-1/eb-1-extraordinary-ability
• The Wall Street Journal: https://www.wsj.com/articles/the-eb-1a-visa-a-fast-track-to-a-green-card-for-the-super-talented-11601105725
• CNN: https://www.cnn.com/2021/01/19/us/eb-1a-visa-talented-workers-green-card/index.html
• Fox News: https://www.foxnews.com/politics/us-green-card-eb-1a-visa-extraordinary-abilities

Why Should You Hire an Immigration Lawyer to Prepare Your EB-1A Case

The EB-1A visa is a type of employment-based green card that is designed for individuals with extraordinary ability in the sciences, arts, education, business, or athletics. While the process of applying for an EB-1A visa can be complex, hiring an immigration lawyer can make the process smoother and increase your chances of success.

1. Experienced Guidance: An immigration lawyer who specializes in EB-1A visas will have a deep understanding of the requirements, eligibility criteria, and the application process. They can guide you through the process and ensure that your application is complete, accurate, and meets all of the required standards.
2. Improved Chances of Approval: An experienced immigration lawyer can help you build a stronger case for your EB-1A visa. They can assist you with gathering evidence and documentation, presenting your case in the most favorable light, and responding to any requests for additional information from the U.S. Citizenship and Immigration Services (USCIS).
3. Time-Saving: The EB-1A visa process can be time-consuming and complex. Hiring an immigration lawyer can save you time and reduce the stress associated with the application process. Your lawyer will handle all of the paperwork and communicate with USCIS on your behalf, allowing you to focus on your work or other important activities.
4. Reduced Risk of Errors: The EB-1A visa application process requires a high level of accuracy and attention to detail. An experienced immigration lawyer can help you avoid common mistakes and ensure that your application is complete and error-free.
5. Help with Complex Cases: If your EB-1A visa application is complex or if you have a unique set of circumstances, an immigration lawyer can help you navigate the process and build a strong case. They can also provide valuable guidance if your application is denied and assist you with appealing the decision.

In conclusion, hiring an immigration lawyer to prepare your EB-1A case can improve your chances of success, reduce the stress and time associated with the application process, and help you avoid common mistakes. An experienced immigration lawyer can provide valuable guidance, help you build a stronger case, and ensure that your application meets all of the required standards.

Sources:

• Fox News: https://www.foxnews.com/politics/us-immigration-lawyers-eb-1a-visa-h1b-attorney

Is 200 citations good for EB1A?

While amassing 200 citations is impressive, it may not guarantee an advantage in the competitive EB1A category due to heightened citation requirements. However, applicants can still enhance their chances by leveraging USCIS’s allowance for multiple approved I-140 petitions, providing a strategic approach to success.

How many times can you apply for EB-1A?

There is no legal restriction on the number of times you can apply for EB-1A. Some individuals file multiple I-140 petitions simultaneously in both EB-1 and NIW categories, increasing the likelihood of approval as there is no prohibition on multiple filings.

Is PhD enough for EB-1?

While holding a PhD is beneficial, simply having the degree may not suffice for an EB-1A visa. PhD holders must thoroughly document their research, achievements, citations, publications, presentations, and conference participation. Obtaining recommendation letters from professors and others affirming their distinguished work can further strengthen their EB-1A case.

What is a high salary for EB-1A?

Arguably, a salary within the top 90th percentile is considered high enough for EB-1A eligibility. This percentile reflects a significant income level, contributing positively to the overall qualification for the EB-1A visa category.

What is an example of EB-1A membership?

An exemplary instance of EB-1A membership involves affiliations with associations that demand outstanding achievements. Traditional examples include being recognized as a Fellow of esteemed organizations like the IEEE (Institute of Electrical and Electronics Engineers) or the National Academy of Sciences, emphasizing distinction beyond paid membership.

What is the difference between EB-1A and NIW?

Key differences exist between EB-1A and NIW visas. In terms of eligibility criteria, EB-1A requires extraordinary ability, whereas EB-2 NIW considers advanced degrees or exceptional ability. Importantly, EB-1A doesn’t mandate a job offer or labor certification, providing a more flexible pathway.

Can I file EB1A and EB1B together?

Yes, filing EB1A and EB1B petitions concurrently is permissible and common. Many applicants choose this strategy, and often, one petition may receive approval before the other. Additionally, if one petition faces denial, there remains the possibility of the other pending petition being approved.

How many letters of recommendation do you need for EB1A?

Building a robust case for EB1A isn’t solely about quantity; quality holds paramount importance. While a ballpark estimate suggests 5 to 10 recommendation letters, focusing on the substance and credibility of each letter is crucial. Quality outweighs sheer quantity in making a compelling EB1A case.

How many EB1A criteria do I need to meet?

You must meet at least three out of the ten criteria. However, simply meeting three EB1A criteria is not enough—USCIS will still conduct a Final Merits Determination to ensure you have sustained national or international acclaim and are at the very top of your field.

What are the 10 criteria?

You can qualify by meeting at least three of the following:

1. Awards – Receiving nationally or internationally recognized prizes for excellence.
2. Association Memberships – Belonging to exclusive professional associations that require outstanding achievements.
3. Published Material About You – Being featured in major trade publications or mainstream media.
4. Judging Others’ Work – Serving as a judge, peer reviewer, or expert panelist in your field.
5. Original Contributions – Making significant, original contributions to your industry.
6. Scholarly Articles – Publishing research or professional articles in major journals.
7. Artistic Exhibitions or Showcases – Having your work displayed in prestigious venues.
8. Leading or Critical Role – Holding a key role in an organization with a distinguished reputation.
9. High Salary – Earning a salary significantly higher than others in your field.
10. Commercial Success in the Arts – Generating substantial revenue from performances, music, or other artistic endeavors.

Do I need to meet all 10 EB1A criteria?

No. You only need to satisfy at least three of the ten criteria. However, the more criteria you meet, the stronger your case.

What is the “Final Merits Determination”?

After you prove eligibility by meeting at least three EB1A criteria, USCIS performs a Final Merits Test to evaluate:

• Whether your recognition is sustained over time.
• Whether you are one of the few at the top of your field.
• Whether your contributions have significantly impacted your industry.

Even if you meet three criteria, your case could be denied if USCIS believes your achievements are not extraordinary enough.

Can I apply for EB1A without an employer?

Yes! The EB1A category allows self-petitioning, meaning you do not need a job offer or employer sponsorship. You can file Form I-140 on your own behalf.

What documents should I include in my petition?

Your EB1A petition should include:
📌 Evidence supporting the three EB1A criteria you claim (e.g., award certificates, publications, salary records, etc.).
📌 Letters of recommendation from industry experts.
📌 A well-structured petition letter explaining how your achievements meet USCIS requirements.
📌 Comparative data (e.g., salary benchmarks, citation reports, industry rankings).

How long does the EB1A process take?

Processing times vary, but here’s an estimate:

• I-140 Processing: 6-12 months (or 15 days with premium processing).
• Adjustment of Status (if in the U.S.): 6-12 months (depends on priority date and visa availability).
• Consular Processing (if outside the U.S.): 6-12 months.

What are common reasons for EB1A denial?

🚫 Not providing enough evidence to prove sustained acclaim.
🚫 Claiming awards, publications, or memberships that don’t meet USCIS standards.
🚫 Failing to show national or international recognition.
🚫 Relying too much on subjective letters of recommendation without strong documentation.
🚫 Meeting only the minimum requirements but failing the Final Merits Test.

What if my EB1A petition is denied?

If denied, you have several options:
🔹 File a Motion to Reopen or Reconsider if you believe USCIS made an error.
🔹 Refile the EB1A petition with stronger evidence.
🔹 Consider other green card categories like EB2 National Interest Waiver (NIW) or employer-sponsored EB2/EB3.

Can I apply for EB1A while on a different visa?

Yes! Many applicants apply while on H-1B, O-1, F-1 OPT, J-1, or TN visas. Filing an EB1A I-140 does not immediately affect your current visa status.

Should I work with an immigration lawyer for my EB1A petition?

While you can self-petition, working with an experienced immigration attorney can:
✅ Help identify your strongest EB1A criteria.
✅ Ensure your petition is well-structured and professionally written.
✅ Minimize the risk of RFE (Request for Evidence) or denial.

Final Advice: If you believe you qualify for EB1A, start gathering your evidence now. The stronger your case, the better your chances of approval! 🚀