If you have achieved sustained national or international acclaim in the sciences, arts, education, business, or athletics, you may qualify for a green card as an individual of extraordinary ability. Unlike most employment-based green cards, EB-1A allows you to self-petition, so no employer sponsorship or labor certification is required.
Do I Qualify?
Extraordinary Ability
You must demonstrate extraordinary ability in the sciences, arts, education, business, or athletics.
Sustained Acclaim
You must meet at least 3 of 10 USCIS criteria, or provide evidence of a one-time major achievement.
Intent to Continue Work
You must show that you intend to continue working in your area of expertise in the U.S.
Documents to Gather
Identity And Civil Documents
Passport, government-issued identification, and passport-style photographs.
Evidence Of Extraordinary Ability
Documentation supporting at least 3 of 10 USCIS criteria — including awards, association memberships, published media coverage, judging experience, original contributions, scholarly authorship, exhibited work, a leading role in a distinguished organization, high remuneration, or commercial success in the performing arts. You can also provide evidence of a one-time major achievement.
Evidence Of Intent To Continue Work In The Field
Documentation such as employment offers, business plans, or other evidence showing your planned work in the U.S.
Immigration Records (If Applicable)
Prior immigration filings, admission records, visas, and related immigration documents.
Additional Documents May Be Required
Legal name change documents, certified English translations, and other supporting documentation depending on the circumstances of the case.
Filing Fees
Attorney Fees
Government Fees and Miscellaneous Costs
Timeline
Schedule A Consultation With An Attorney
Because EB-1A eligibility depends heavily on the strength of your evidence, the process generally begins with a thorough initial consultation.
File Form I-140 With USCIS
Form I-140 is filed with USCIS along with supporting evidence. USCIS processing times vary and are subject to change. For the most current information, check their Case Processing Times. Premium processing may be available for an additional government fee, which can significantly shorten USCIS's initial review time.
USCIS Review Of Evidence
USCIS reviews the submitted evidence against the extraordinary ability criteria, and may issue a Request for Evidence or Notice of Intent to Deny if additional documentation is needed.
Adjustment Of Status Or Consular Processing
Depending on the circumstances, the case may proceed through adjustment of status within the U.S. or consular processing abroad.
Decision And Lawful Permanent Residence
USCIS or the Department of State issues a decision after reviewing the application and supporting documentation. If approved, lawful permanent resident status is granted and a permanent resident card (green card) is issued.
Complex Case Factors
Evidentiary Sufficiency
Even if you meet the initial criteria, a final merits determination of overall acclaim is still required.
Field-Specific Evidence Challenges
Some fields can be more difficult to document under these criteria than others.
Immigration Violations
Prior unlawful presence, visa violations, or other admissibility concerns may require additional review.
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The Law Office of Ashley Weston is a Professional Law Corporation incorporated in Sacramento and licensed to practice law in the State of California. Our practice is limited to California Limited-Scope services and Federal Immigration Law nationwide. We do not practice the state laws of jurisdictions outside of California.
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