EB-1A extraordinary ability green card: a complete guide

Wang Law Firm, LLC · David Wang, Managing Attorney

EB-1A (alien of extraordinary ability) is part of the employment-based first preference. It is for people with "extraordinary ability" in the sciences, arts, education, business or athletics who have sustained national or international acclaim. Its biggest advantage is that it requires neither a U.S. employer sponsor nor labor certification: you can file the I-140 yourself.

The price is a high bar: you need to show that you are one of the small percentage who have risen to the very top of your field. EB-1A looks at what you have already achieved and how others have recognized it, not at your potential. If you're still weighing EB-1A against NIW, start with EB-1A or NIW: which one? This page focuses on the EB-1A standards themselves and how to prepare.

Who it suits

• Researchers and university faculty with a substantial record of high-quality publications, citations and peer review;
• Artists, designers and film and TV professionals who have won influential awards, or whose work has been shown at major exhibitions or covered by the media;
• Executives and entrepreneurs who hold key positions at well-known companies, are paid well above their peers, and have documented influence in their industry;
• Athletes and coaches with results in national or international competitions;
• People who don't want to depend on an employer and want to keep job flexibility (after approval, EB-1A doesn't require you to work for a particular employer, but you need to keep working in your field).

Option one: a one-time major international award

If you have received a major, internationally recognized award (a one-time achievement), that alone can satisfy the evidentiary requirement. This is usually understood to mean globally known awards such as a Nobel Prize, an Olympic medal or an Oscar. Most applicants don't have such an award, so they use option two.

Option two: meeting at least 3 of the 10 criteria

The federal regulation at 8 CFR 204.5(h)(3) lists 10 criteria. Here they are one by one, with common types of evidence:

1. Nationally or internationally recognized prizes or awards (lesser awards can count): for example, national science and technology awards, annual awards from industry associations, best paper awards at international academic conferences, or placings in national competitions. Include the selection criteria, the pool of candidates and proof of the award's reputation. Internal company awards and student scholarships usually don't carry enough weight.
2. Membership in associations that require outstanding achievements of their members: the key is that admission must be judged on outstanding achievement by recognized experts in the field, such as Fellow status in some societies. Memberships you can get just by paying dues don't count. Submit the admission requirements from the association's bylaws.
3. Published material about you and your work in professional or major media: the coverage must be about you and your work, not just mention your name or your employer in passing. Submit the full article, author and date, plus proof of the outlet's circulation or reach. Chinese-language coverage, for example, needs a complete English translation.
4. Judging the work of others in your field or a related field: for example, peer review for academic journals and conferences, serving as a competition judge, or sitting on thesis defense committees. Evidence includes invitation emails, records of completed reviews and confirmation letters from journals.
5. Original contributions of major significance to your field: this is the hardest and most important criterion. Having results isn't enough; you need to prove their impact, for example that others have widely cited and built on them, that companies have adopted them, that patents have been granted and actually put to use, or that they have brought measurable change to the industry. Letters from independent experts should spell out what the contribution is and why it matters.
6. Authorship of scholarly articles in professional journals, major trade publications or other major media: journal articles, conference papers and chapters in professional books all count. Include information on the journals' standing; citation data can also support other criteria.
7. Display of your work at artistic exhibitions or showcases: mainly for the visual arts, for example work selected for major art or design exhibitions.
8. A leading or critical role for organizations or establishments with a distinguished reputation: you need to prove both that the organization has a distinguished reputation and that your role is leading or critical (for example project lead, department head or head of core technology). A letter from the organization should describe your specific duties and your impact on it.
9. A high salary or other significantly high remuneration compared with others in the field: provide pay stubs, contracts and tax forms, and compare them with public salary data for the same position in the same area.
10. Commercial success in the performing arts: for example, box office receipts, record or streaming sales figures, or rankings of performance income.

If some criteria don't readily apply to your occupation, the regulation allows comparable evidence, but you need to explain why those criteria don't apply.

The two-step review: the Kazarian final merits determination

Following the Ninth Circuit's 2010 decision in Kazarian v. USCIS, USCIS now uses a two-step review:

1. Step one: decide, criterion by criterion, whether your evidence meets at least 3 criteria (or whether you have a one-time major award). This step only asks whether the evidence objectively meets the criteria themselves.
2. Step two: the final merits determination. All the evidence is considered together to decide whether you really are among the small percentage at the top of your field, with sustained national or international acclaim.

In practice, many petitions are credited with 3 criteria at step one and then denied at step two. So the evidence shouldn't just be organized to "reach 3 criteria"; it should tell a coherent story as a whole: what specific field you are in, what you have achieved, how others have recognized it, and whether that recognition has been sustained.

You also need to show that you will continue to work in your field in the U.S., and that your entry will substantially benefit the United States. Common evidence includes job offers, letters of intent to collaborate, a business plan, or your own detailed statement.

The process

1. Assess the evidence, and decide which criteria to lead with and how to define your field;
2. Gather documents, contact recommenders and arrange translations;
3. Write the petition letter, arguing each criterion and the overall case;
4. File the I-140. For faster processing, you can file I-907 for premium processing at the same time or later. EB-1A is eligible for premium processing; for the fee and processing time frame, rely on the official USCIS page;
5. If your priority date allows and you are in the U.S. in eligible status, you can file I-485 to adjust status at the same time as the I-140 or later; if you are abroad, you go through the State Department's immigrant visa process. See Adjustment of status (I-485).

Documents you'll usually need

• Résumé, degree certificates and employment verification;
• Primary evidence for the criteria you've chosen (awards, memberships, media coverage, peer review, publications and citations, positions, salary and so on);
• Recommendation letters, ideally including independent experts who haven't worked with you directly;
• Your plans for working in the U.S. and supporting evidence;
• Complete English translations of all non-English documents; see Translation requirements.

Timing and costs

The I-140 filing fee, premium processing fee and processing times change; see How to check immigration filing fees and processing times, and rely on what USCIS currently publishes. After the I-140 is approved, when you can file for or receive the green card depends on the EB-1 cutoff date for your country of birth; see How to read the Visa Bulletin.

Spouses and children

Your spouse and unmarried children under 21 can apply for green cards with you as derivative applicants, without each meeting the EB-1A requirements. Family members in the U.S. can apply for work permits and reentry permits when they file their I-485s.

Common reasons for denial

• A field defined unclearly or too narrowly. A very narrow field may make it seem easier to be "at the top," but the officer may not accept it; too broad a field makes it hard to show you're at the top.
• Evidence that doesn't meet the criterion itself. For example, media coverage that mentions your employer rather than you; an association membership that only requires dues; an award that is an internal company honor.
• "Original contributions of major significance" that are only described, with no evidence of impact.
• Vague or repetitive recommendation letters lacking specific facts, or all from advisors and colleagues.
• Achievements concentrated many years ago, with little evidence of "sustained acclaim" in recent years.
• No explanation that you'll continue working in your field in the U.S.

If you receive a request for evidence (RFE), see How to respond to an RFE.

Compared with similar categories

Learn more: NIW national interest waiver and O-1 extraordinary ability work visa. Multinational executives can also see EB-1C.

Common questions

Related reading

• EB-1A or NIW: which one?
• NIW national interest waiver: a complete guide
• O-1A / O-1B extraordinary ability work visa
• USCIS: Employment-Based Immigration: First Preference EB-1

This article is general information and is not legal advice. Laws and policies can change; rely on the latest official information and on an attorney's advice for your specific situation.