Why apply for the EB-1A?
The EB-1A, for individuals with extraordinary ability, is an immigrant visa, which means that it grants successful applicants permanent residency (a green card) in the U.S.
If you get the EB-1A, your spouse and your unmarried children under the age of 21 may get green cards as your dependents.
At a time when demand for U.S. immigration is higher than ever before, the EB-1A is one of the fastest tracks for a coveted green card. Professionals in many fields, no matter where they are in the world, may apply for the EB-1A.
If you are interested in exploring the EB-1A path to a green card, please fill out the form at the bottom of this page for a free consultation with us here at ERL.
What do you need to apply for an EB-1A?
Supporting materials, paperwork, and fees
No Sponsor Needed!
One of the greatest advantages of the EB-1A is that you do not need a sponsor or a job offer. In other words, you can apply all by yourself (self-petition), no matter where you are in the world and regardless of your current employment status. U.S. employers, in some circumstances, may also sponsor your EB-1A.
Form I-140
The EB-1A is relatively light on paperwork, but Form I-140 and some related forms still need to be taken care of. We at ERL can make sure you fill out the right forms, mistake free.
Fees
The EB-1A and the subsequent green card application require various USCIS fees. We at ERL can help you understand the cost of the EB-1A application and clarify your options.
Documentation
Out of the ten official criteria for the EB-1A, you must satisfy at least three. However, satisfying those criteria does not guarantee approval. Not only do you have to provide documentation evidence for the satisfied criteria, but you also must demonstrate that on the whole your profile is extraordinary. We at ERL can help you prepare and present detailed evidence that satisfies the legal threshold for approval.
Cover Letter
A cover letter is an important statement that presents your case to USCIS, followed by your CV, portfolio, documentation evidence, and recommendation letters. We at ERL can help you craft a compelling narrative that boosts your chances of approval.
Recommendation Letters
Recommendation letters are crucial for your EB-1A application. We at ERL can help you choose recommenders and advise on the appropriate language and style for the most effective recommendations.
EB-1A Criteria
Unless you have a major international award such as the Nobel Prize, which in itself is sufficient to satisfy the EB-1A requirement, you must satisfy at least 3 of the following 10 criteria (the more the better) or provide comparable evidence to demonstrate your “extraordinary ability.”
For more details about each criteria, please consult USCIS’s official webpage here.
To learn how your accomplishments meet these criteria, please book a free consultation with us using the form at the bottom of this page.
1. Receipt of nationally or internationally recognized prizes or awards for excellence in your field of endeavor.
To count toward this criterion, the prize or award must be national or international, NOT provincial, municipal, or within a school. The prize or award can also be an honor or a fellowship, as long as it is highly selective and national or international in scope.
2. Membership in association(s) in your field of endeavor, which require outstanding achievements of their members, as judged by recognized national or international experts in your field.
To count toward this criterion, the membership should require some merit-based evaluation, NOT simply payment of a membership fee.
3. Published material in professional or major trade publications or major media about you, relating to your work in your field. This evidence must include the title, date, and author of such published material and any necessary translation.
This criterion requires publications about you and your work.
4. Your participation, either individually or on a panel, as a judge of the work of others in your field or a related field.
This criterion requires your judging experience in competitions or award selections in your field or a related field.
5. Evidence of your original scientific, scholarly, or business-related contributions of major significance in the field.
This criterion requires your own publications.
6. Your authorship of scholarly articles in your field, in professional or major trade publications or other major media.
This criterion requires your academic and/or scholarly publications.
7. Display of your work in the field at artistic exhibitions or showcases.
To satisfy this criterion, you may provide written and/or photographic records of your exhibitions or showcases.
8. Evidence of you having performed in a leading or critical role for organizations or establishments that have a distinguished reputation.
To satisfy this criterion, you may provide evidence of past job experiences and recommendation letters that show your important role.
9. Evidence of you having commanded a high salary, or other significantly high remuneration for your services, in relation to others in your field.
To satisfy this criterion, you may provide evidence of payment for prior work or future employment offer.
10. Commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.
To satisfy this criterion, you may provide record of your commercial success in the performing arts.
Comparable evidence
If any of your achievement does not fit neatly in the ten official criteria, you may still include it in your application. We at ERL can help you demonstrate how that extra evidence is comparable to the ten official criteria.
Cost
USCIS Fees
1. Form I-140: $715 (paper filing) or $665 (online filing)
More information: https://www.uscis.gov/g-1055?form=i-140
2. Asylum Program Fee: $600, $300 (for Small Employer or self-petition) or $0 (for Nonprofit)
3. (Optional) Premium Processing fee: $2,965 — guarantees a response within 15 calendar days.
More information: https://www.uscis.gov/g-1055?form=i-907
4. (Upon approval, adjusting status from within the U.S.) Form I-485: $1,440 (paper filing) or $1,390 (online filing)
More information: https://www.uscis.gov/g-1055?form=i-485
5. Form I-693 Report of Immigration Medical Examination and Vaccination Record (mandatory with the filing of I-485): paid directly to the physician, not USCIS; fees vary based on physician.
More information: https://www.uscis.gov/i-693
6. (Optional, with pending I-485) Form I-765: $260
More information: https://www.uscis.gov/g-1055?form=i-765
7. (Optional, with pending I-485) Form I-131: $630 (paper filing) or $580 (online filing)
More information: https://www.uscis.gov/g-1055?form=I-131_apd
8. (Optional) Dependents: I-485, I-765, and I-131 fees same as above.
9. Upon approval, applying for the green card directly from outside the U.S.: the Form DS-260 fee and consular service fees apply.
Legal Fees
Getting help from an attorney for your EB-1A application may greatly increase your chances of getting approved.
Legal fees cover various steps and components of the EB-1A application process, including:
1. Consultation
2. Application
3. RFE response
4. NOID response
5. Refile
6. Adjustment of status (I-485, along with I-765 and I-131)
7. Dependents
We at ERL offer:
1. Free consultation.
2. Packages ranging from $8,000 to $12,000, depending on the complexity of your EB-1A case, covering the initial EB-1A application, RFE response (if applicable), NOID response (if applicable), one free refile (if applicable), and adjustment of status or consular application after approval.
3. Dependents: $1,000 each for clients who filed the EB-1A application with us at ERL; $2,000 for other clients.
Frequently Asked Questions
How long is the wait for the EB-1A?
The wait time (without premium processing) is around 24 months.
The most up-to-date processing time can be checked at this web address: https://egov.uscis.gov/processing-times/ (For EB-1A, select “I-140: Immigration Petition for Alien Workers” under “Form” and “Extraordinary ability (E11)” under “Form Category.”)
What happens after an EB-1A application is submitted?
1. Approval: Congratulations! Once your EB-1A visa is approved, you may look forward to applying for your green card (more details below).
2. Request for Evidence (RFE): Don’t panic! RFE often happens when the initial submission of evidence is deemed somewhat insufficient by USCIS. RFEs require some extra time and effort, but they typically signal USCIS’s willingness to eventually approve the application, if issues in the RFE are carefully addressed.
3. Notice of Intent to Deny (NOID): If there is any logistical mistake or the evidence is lacking, USCIS may issue a NOID detailing the deficiencies in your EB-1A application. Most applications end up getting denied after a NOID, but it is still possible for you to cure the deficiencies and get an approval after a NOID.
What happens between an EB-1A approval and getting permanent residency (a green card)?
Once your EB-1A is approved, you may check the Visa Bulletin (https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html).
Once your priority date (the date on which USCIS receives your EB-1A application with Form I-140) becomes “current” on “DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS” (Employment-based: 1st), you may file Form I-485 for a green card, along with Form I-765 for work authorization and Form I-131 for a travel document (advance parole).
Once your priority date becomes “current” on “FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES” (Employment-based: 1st), your Form I-485 will be approved and you will receive your green card.
This usually means that for EB-1A applicants born in Mainland China and India, there might be a couple of years of waiting between the approval of EB-1A and the filing of Form I-485. This wait is almost always shorter than other EB categories.
For applicants born in places other than Mainland China or India, there is usually no wait between the approval of EB-1A and the filing of Form I-485.
What is the difference between the O-1 and the EB-1?
Both O-1 and EB-1 are known as “extraordinary ability” visas, but the O-1 is non-immigrant (no green card) while the EB-1, upon approval, directly leads to permanent residency (green card). The criteria for O-1 and EB-1 seem similar, but in both theory and practice, the EB-1 requires a higher standard than the O-1. Therefore, the EB-1 is more difficult to obtain than the O-1. Yet the O-1 can often be a stepping stone for the EB-1.
What is the difference between the EB-1A and the EB-1B?
The EB-1A visa is for people in many fields, including the sciences, education, business, and athletics. The EB-1B visa is for scholars and researchers only.
EB-1B requires a sponsor, which means that you may not self-petition, while the EB-1A allows self-petition. Additionally, EB-1A and EB-1B have different criteria.
Can I bring dependents under an EB-1A visa?
Yes. An EB-1A applicant may bring their legally married spouse and unmarried children under the age of 21 as dependents. If approved, EB-1A dependents may also obtain green cards.
