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EB-1A green card — extraordinary ability

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The EB-1A is a U.S. green card category for people with extraordinary ability in the sciences, arts, education, business or athletics who have sustained national or international acclaim. A person may file for themselves: no employer, job offer or labor certification is required, although the petition must show the person will continue working in the field.

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What the regulations require

Under 8 C.F.R. § 204.5(h)(3), the petition must show either a one-time achievement (a major, internationally recognized award) or at least three of these ten types of evidence:

Where these criteria do not readily apply to the occupation, comparable evidence may be submitted (8 C.F.R. § 204.5(h)(4)).

Two steps of review

USCIS first counts which criteria the evidence meets, and then makes a final merits determination: whether the record as a whole shows sustained national or international acclaim and that the person is among the small percentage at the very top of the field (USCIS Policy Manual, Volume 6, Part F, Chapter 2). Many petitions are decided at the second step, so the quality of the evidence matters more than the count.

How the process generally works

  1. File Form I-140 with the evidence and a statement of the work the person will continue in the United States. Premium processing is available for an additional government fee.
  2. When the I-140 is approved and the priority date is current under the State Department's Visa Bulletin, apply for the green card: Form I-485 inside the United States, or an immigrant visa at a consulate abroad.
  3. Waiting times depend on the category and the country of birth, and they change each month.

Questions and answers

Do I need a job offer for the EB-1A?

No. The EB-1A requires neither a job offer nor a labor certification; the petition must show the person is coming to continue work in the area of their ability.

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

The O-1A is a temporary work visa filed by an employer or agent; the EB-1A is a green card petition the person may file themselves. The evidence overlaps, but the EB-1A standard of sustained acclaim is generally treated as demanding.

Is meeting three criteria enough?

Not by itself. Meeting three criteria is the first step; USCIS then decides whether the evidence as a whole shows acclaim at the very top of the field.

Sources

Related categories

This page is general information about U.S. immigration law, not legal advice. Requirements and procedures change, and whether a category fits depends on the facts of each case. Government filing fees are separate and are set by the agencies.

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