The EB-1A visa subcategory is dedicated to foreign nationals who are professionals at the top of their fields, who specifically hold extraordinary ability in the sciences, arts, education, business, or athletics. In order to be eligible for an EB-1A, non-citizen applicants must demonstrate how their professional achievements have been recognized either nationally or internationally, as well as meet at least three of the 10 demonstrative criteria as set by the United States Citizen and Immigration Services (USCIS). 

The exception, however, is if the non-U.S. native does not satisfy at least three of the required criteria, he or she may use evidence of a major one-time achievement as well as proof of continued involvement in their field. The achievement can be by receiving a Pulitzer Prize, Academy Award (Oscar) or an Olympic Medal. 

A major advantage of the EB-1A is that applicants can self-petition for the visa. This means that job offers and labor certifications are not required, significantly shortening the application process.

What is an EB-1A Visa?

The EB-1A visa is commonly referred to as the Einstein Visa, as Albert Einstein was granted U.S. citizenship under the antecessor of the EB-1A. This visa category is a First Preference Employment-Based designed for individuals with remarkably high levels of expertise. It is an immigrant visa needed in order for the petitioner to be allowed to enter the U.S. Whereby then being granted lawful U.S. permanent residency (a green card).

Recipients of an EB-1A are exceptionally skilled individuals who have risen to the top of their fields of endeavor. Whether by significant achievements, professional recognitions or major field contributions.

The reasoning behind this visa is so that foreign nationals may not only work in the United States in their respective fields, but to contribute meaningfully to the U.S. 

Though other employment-based visas require that U.S.-based sponsoring employers complete the Permanent Labor Certification process, the EB-1A neither requires a visa sponsor, nor does it require a Labor Certification.

Who Qualifies for an EB-1A?

To qualify for an EB-1A visa, the non-citizen must be a leader in one or more of the following professions:

• Sciences
• Arts
• Education
• Business
• Athletics

Candidates must also prove they are exceptionally skilled by supplying concrete evidence of at least one of the following accomplishments: 

• National acclaim
• International acclaim
• Accomplishments exceeding other professionals in their field
• Honors
• Major awards
• Published materials 
• Substantial field contributions
• Professional association memberships, especially those requiring a nominal fee
• Licensed and commercialized patents
• Any further notable documentation as it pertains to their extraordinary abilities

For the EB-1A category, it is crucial that applicants provide thorough evidence that their intentions for entering the U.S. is solely to work in their field of extraordinary ability, and how they and their work contributes significantly to the betterment of the U.S.

Minimum Requirements for an EB-1A

The minimum requirement for EB-1A applicants, is that they must demonstrate that they either have sustained national or international acclaim, have achievements in their field of expertise which have previously been recognized, have a major one-time achievement, or satisfy three or more of the 10 criteria as shown below:

• A lesser nationally or internationally recognized award for excellence
• Membership in a field association that requires outstanding achievements for membership 
• Published materials about the applicant and their contributions
• Assessing or judging of the work of other professionals
• Major and original field contributions, in the sciences, arts, education, athletics, or business
• Authorship of scholarly articles found either in major trade publications or major media
• Work displayed at an art exhibition(s)
• Leading or holding a critical role in any distinguished organization
• Having a salary significantly higher than others in the same field
• Success (especially commercially) in the performing arts

EB-1 Eligibility Updates From the USCIS

As of September 12, 2023, the USCIS has added updates to its evidentiary criteria requirements — by further clarifying that USCIS officers will take into consideration comparable evidence if any of the criteria do not readily apply, as it relates to the EB-1 immigrant visa classifications. 

Extraordinary Ability Eligibility Considerations

Regarding the fields of science, technology, engineering, and mathematics (STEM), Extraordinary Ability (E11) individuals are permitted to submit the below alternative (comparable) documentary evidence to satisfy the eligibility requirements. Such considerations can be made, especially when the petitioner can prove that any of the below criteria is not easily applicable to the applicant’s job, or to their profession.

Criterion 1: Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.

Considerations regarding whether the basis for granting the prizes or awards was excellence in the field include, but are not limited to the following:

• The criteria used to grant the awards or prizes
• The national or international significance of the awards or prizes in the field
• The number of awardees or prize recipients
• Limitations on competitors

Note: Comparable evidence regarding Olympic coaches may include evidence his or her athlete has won an Olympic medal while under their principal training.

Criterion 2: Membership in associations in the field for which classification is sought that require outstanding achievement of their members, as judged by recognized national or international experts in their disciplines or fields.

Considerations:

• A level of education or years of experience in a particular field
• The payment of a fee or by subscribing to an association's publications
• A requirement, compulsory or otherwise, for employment in certain occupations, as commonly seen with union membership or guild affiliation for actors

Note: Comparable evidence for Olympic athletes may include the election to a national all-star or Olympic team.

Criterion 3: Published material about the person in professional or major trade publications or other major media relating to the person's work in the field for which classification is sought. 

• Professional or major print publications (newspaper articles, popular and academic journal articles, books, textbooks, or similar publications) regarding the person and the person’s work
• Professional or major online publications regarding the person and the person’s work
• Transcripts of professional or major audio or video coverage of the person and the person’s work

Factors include the following:

• The intended audience (for professional and major trade publications) 
• The relative circulation, readership, or viewership (for major trade publications and other major media)

Criterion 4: The person's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought.

Considerations:

The petitioner must show that the person has not only been invited to judge the work of others, but also that the person actually participated in the judging of the work of others in the same or allied field of specialization. 

An example includes that a petitioner can document the person’s peer review work by:

• Submitting a copy of a request from a journal to the person to do the review, and
• Obtain evidence that verifies the person truly completed the review

Criterion 5: The person's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.

Considerations:

Letters from field experts detailing basic principles of, and significance of, the person’s contribution. Additionally, the letters must provide context for evaluating the original contributions of major significance.

An example includes that a published work of research provokes widespread commentary on its importance from other feld professionals, and documentary proof it has been highly cited relative to others’ work (in the same field) may be proof of the significance of the person’s contributions in their professional field.

Criterion 6: The person's authorship of scholarly articles in the field, in professional or major trade publications or other major media.

Considerations for other fields:

Scholarly articles should be written for individuals who have profound knowledge gained by study (learned persons) in that field. 

The three qualifying publications are evaluated on their intended audiences, circulation and readership, and include the following:

• Professional journal publications 
• Major trade publication
• Major media publication

Criterion 7: Display of the person's work in the field at artistic exhibitions or showcases.

Considerations:

• The person's work must be their own work or product
• The person's work was displayed at a, venue online or in-person, at artistic exhibitions or showcases 
• Exhibitions must be a public showing of works of art, objects of manufacture or athletic skills

Criterion 8: The person has performed in a leading or critical role for organizations or establishments that have a distinguished reputation.

Considerations regarding roles, USCIS officers evaluate whether the evidentiary documentation provided establishes that the applicant:

• Leading: is or was a leader within the organization. establishment, or their division or department. Title and duties must match.
• Critical: has contributed in a significantly important way to the outcome of the activities of an organization, establishment, or their division or department.
• Supporting: can be considered a critical role based on the level of importance the applicant’s performance in the particular role is or was (reaching beyond just a title).

Note: Letters from individuals who have personal knowledge of the significance of the applicant’s leading or critical role is especially beneficial under this criterion. Having such letters helps the USCIS officers determine eligibility. That is, provided the letters itemize and prove how the applicant’s role for the organization, establishment, division, or department was leading or critical. Additionally, employers must include all applicable evidence of experience in their letters.

Considerations regarding organizations, establishments, their departments or divisions, USCIS officers evaluate whether the evidentiary documentation provided establishes that they have a distinguished reputation based on the following:

• Organizations and establishment:
  • Relative size, and
  • Longevity, and
  • Existence of a distinguished reputation, and
  • Scale of its customer base or relevant media coverage
• Academic departments, programs and institutions:
  • Relevant and credible national rankings 
  • Receipt of government research grants
• Startup businesses, and their receipt of significant funding from:
  • Government entities
  • Venture capital funds
  • Angel investors
  • Funders with comparable funding rounds that are typically received for such startups’ stage and industry

Note, distinguished is defined as being marked by eminence, distinction or excellence, or befitting an eminent person.

Criterion 9: The person has commanded a high salary, or other significantly high remuneration for services, in relation to others in the field.

Considerations regarding whether the applicant’s compensation is high compared to others in the same field can include the following:

• Geographical surveys
• Surveys about position-appropriate compensations 
• Organizational justifications for the pay rate

Considerations regarding accuracy of surveys for similar positions (and their pay rates) as compared to the applicant’s pay, the following may apply:

• Occupation description
• Survey validity
• Location and currency
  • Wage statistics or comparable evidence as they relate to those of the work location, especially for applicants working outside of the U.S.
• Salary rate being measured
  • Hourly or annual rate 
  • How it compares to the applicant’s hourly or annual rate of pay
  • Documentation includes pay statements, personnel records or testimonial evidence from the applicant’s sponsoring employer
• Entrepreneur’s businesses or startup founders and their receipt of significant funding from:
  • Government entities
  • Venture capital funds
  • Angel investors
  • Funders with comparable funding rounds that are typically received for such startups’ stage and industry

Criterion 10: Commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

Considerations regarding whether the applicant has received commercial successes in the performing arts, the following may apply:

• Volume of sales and box office receipts
• The volume of sales and box office receipts must reflect the applicant’s commercial success, as it compares to others performing artists in similar endeavors

More detailed information about the eligibility requirements EB-1A applicants must have can be found on the USCIS Policy Manual website about Immigrants with Extraordinary Ability.

Outstanding Professors and Researchers Eligibility Considerations

Regarding STEM fields, Outstanding Professors and Researchers (E12) are permitted to submit the below alternative (comparable) documentary evidence to satisfy the eligibility requirements. Such considerations can be made, especially when the petitioner can prove that any of the below criteria is not easily applicable to the applicant’s job, or to their profession.

Criterion 1: Receipt of major prizes or awards for outstanding achievement in the academic field.

Considerations:

• The criteria used as a basis when grant major prizes or awards to recipients
• The number of awardees or prize recipients 
• The pool of competitors for such awards or prizes

Criterion 2: Membership in associations in the academic field that require outstanding achievements of their members.

Considerations:

• Important contribution to the advancement (or application) of science, technology or engineering that experts and a committee judge the nominations of.
• The beneficiary's membership was based on
  • A level of education or years of experience in a particular field
  • Payment of a fee 
  • Subscription to the association's publications

Criterion 3: Published material in professional publications written by others about the beneficiary's work in the academic field. Such material must include the title, date, and author of the material, and any necessary translation.

Considerations:

• The applicant’s work in his or her professional field
• Broader topics within publications with a substantial discussion of the applicant’s work in their field
• Material that focuses primarily on work or research by a team the applicant is a member of
  • Only if the publications directly mention the applicant and their connection with the work
  • Evidence the applicant’s role in the work or research was significant, including print, online articles, transcript of a professional audio (or audio) coverage of their work
  • Viewership and the publications’ intended audience, title, date, and author must be provided

Criterion 4: The beneficiary's participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field.

Considerations:

• Petitioner submissions:
  • A copy of a request from a journal to the beneficiary to do the review, and
  • Documentary evidence establishing that the applicant truly completed the review

Note: Above merely being invited to judge others’ work, the applicant must have actively participated in such judging — either in the same professional field, or an allied academic one.

Criterion 5: The beneficiary's original scientific or scholarly research contributions to the academic field.

Considerations:

• Original scientific or scholarly research contribution, not necessarily of major significance
• The contribution must be to the academic field, and not an institution or individual laboratory
• Citation history or patterns for the beneficiary's work, as evidenced by number of citations, as well as an examination of the impact factor for the journals in which the beneficiary publishes
• Documentation from web-based tools such as Google Scholar, SciFinder or the Web of Science to indicate the number of citations, as well as the journals’ impact factor
• Detailed letters from experts in the same professional field explaining:
  • The basis of, and the significance of their contribution 
  • Documentation supporting the claimed significance
  • Describing the their specific contribution and its significance to their field, and the foundation of the writer’s expertise

Criterion 6: The beneficiary’s authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field.

Considerations:

• Proof the international scholarly journal is truly international
• The intended audience 
• Written in technical jargon for a specialized audience 
• Include an abstract, methodology, footnotes, endnotes, and bibliography

More detailed information about the eligibility requirements EB-1A applicants must have can be found on the USCIS Policy Manual website about Outstanding Professors or Researchers.

EB-1 Final Merits Determination

In short, the final eligibility determination requires a balanced and flexible approach, emphasizing the importance of USCIS officers’ consideration of all relevant evidence and the provision of clear explanations for case approval or denial decisions. This approach ensures fairness and transparency in the assessment of extraordinary ability in various fields of expertise.

Petitioning for an EB-1A

As job offers and sponsoring employers are not needed for an EB-1A, foreign nationals customarily petition on their own. 

The following 10 steps are therefore required:

1. Determine eligibility by ensuring all eligibility criteria are met 
2. Gather evidence that supports the claim of extraordinary ability
3. Write a personal statement that highlights field achievements and contributions 
4. Obtain letters of recommendation from experts in the same field
5. Complete Form I-140 which is the petition to establish EB-1A visa eligibility
6. Pay the filing fee for Form I-140
7. Submit all documentation related to the EB-1A petition (the appropriate USCIS service centers mailing addresses can be found on the USCIS Direct Filing Addresses website
8. Wait for the USCIS to review the application and make their final decision
9. Prepare for Consular Processing at a U.S. consulate or embassy (if the petitioner lives outside the U.S.), or an I-485 Adjustment of Status to become permanent resident (if the petitioner already lives in the U.S.)
10. Receive an EB-1A visa, upon EB-1A petition approval, (if the petitioner lives outside the U.S.) or green card or a green card (if the petitioner lives in the U.S.)

It is important to note that when an interview is required of the petitioner, as a part of the consular processing stage, he or she must attend the interview at a U.S. consulate or embassy.

EB-1A Consular Processing 

Applicants living outside of the United States who do not already have a U.S. visa must go through consular processing – by attending an appointment with a consular officer at the U.S. consulate or embassy in their home country. This is to determine whether the petition is eligible, and if the person is qualified. During the interview, the officer asks questions related to the petitioner’s education, profession, work experience, and the details regarding his or her proposed endeavor in the U.S. 

Note: It is imperative that EB-1A petitioners complete the Immigrant Visa Electronic Application (Form DS-260) online, and ensure they have the confirmation page with them at the appointment.

EB-1A Consular Processing Times

Depending on the U.S. consulate or embassy the applicant utilizes, wait times range from one to three or more months.

Applying for an EB-1A Green Card

EB-1A petitioners have the option to initiate the application process by filing their petitions separately, or concurrently – depending on the proposed strength of their application.

Separate Filing: 

• Typically done if there is any uncertainty regarding the strength of the foreign national’s petition
• Such individuals only submit their I-140 Immigrant Petition before submitting their I-485 Adjustment of Status
• Upon petition approval, the petitioner will then proceed to submitting Form I-485

Concurrent Filing: 

• Generally done when the foreign national has a strong case of extraordinary ability
• Such individuals submit their I-140 and I-485 simultaneously

How Much Does the EB-1A Visa Cost? 

Below are the government filing fees as they relate to an EB-1A application, which are divided by the location of the individual at the time they apply.

For applicants filing from within the United States:

• Form I-140, Immigrant Petition for Alien Workers, is paid by the sponsoring employer
  • Fee: $700

• Form I-907, Request for Premium Processing Service (optional) for Form I-140
  • Fee: $2,500 

• Form I-485, Application to Register Permanent Residence or Adjust Status
  • Filing Fee: $1,140 ) + Biometrics Fee  ($85) = $1,225

Important: The biometric services fee is for applicants between the ages of 14 to 79

For applicants filing from outside of the United States:

• Form I-140, Immigrant Petition for Alien Workers, is paid by the sponsoring employer
  • Fee: $700
  • Optional Premium Processing Fee for I-140 Petition: $2,500

• Form DS-260, Immigrant Visa Electronic Application
  • Fee: $325

• Form I-864, Affidavit of Support
  • Fee:$120

Important: Fees are subject to change by the U.S. government prior to case filing. Learn more here to see up-to-date USCIS fees.

How Hard Is It To Get an EB-1A?

The level of difficulty associated with obtaining an EB-1A visa (green card) is exceptionally high, as it is one of the most esteemed and difficult to obtain. This is because the petitioner must have the profile of not only a high achiever, but as a professional whose work holds national or international acclaim after having risen to the top of their profession.

EB-1A Processing Time

The typical processing times for Form I-140 within an EB-1A application range, but it is currently taking around six months for applicants already living in the U.S. Of course, Premium Processing is always an option, which reduces this time frame down to 15 calendar days.

It is worth noting, EB-1 priority dates are typically current.

Additionally, applicants of the EB-1A visa do not need to wait for a visa to become available, as opposed to other employment-based visas. 

Furthermore, time frames for applicants applying from outside of the U.S. (by the way of Consular Processing) depend on where they are, at the time they are applying, as well as which Service Center their application is sent to. EB-1A applicants should expect their case to be sent by the National Visa Center (NVC) to the nearest U.S. consulate for processing. The service center in Nebraska is currently processing EB-1A applications in 20.5 months, and the processing time at the center in Texas is 23.5 months.

Important: Please note that USCIS processing times can change frequently. To stay up-to-date on processing times, please refer to the USCIS website. 

EB-1A Advantages 

There are several conveniences and advantages EB-1A petitioners see when applying for their visa. They include some of the following:

• Applicants can self-petition for an EB-1A
• Applicants are not required to have a job offer in the U.S.
• Sponsoring employers are not needed 
• Employers are not required to apply for and obtain a labor certification
• Applicants can apply for permanent residency on their own
• Applicants can file their EB-1A petition along with their green card application
• Applicants can change their job quicker when needed
• There usually isn’t much a backlog of green card applicants, as compared to other categories
• Priority dates are usually current

FAQs About EB-1A Eligibility

Conclusion of Who Is Eligible for an EB-1A?

In conclusion, the EB-1A visa subcategory offers a pathway for individuals with extraordinary ability to legally live and work in the United States. To qualify, individuals must demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. This extraordinary ability can be proven through a combination of major achievements and accomplishments, as well as meeting three of the 10 specific criteria established by the USCIS.

The requirements for the EB-1A visa are stringent, aiming to recognize individuals who have truly excelled in their respective professions. Applicants must provide evidence of their accomplishments, which could include receiving prestigious awards, being a member of distinguished associations, having their work featured in prominent publications or media outlets, or by making significant contributions to their field. 

Applying within the EB-1A subcategory offers many advantages, such as self-petitioning both for the visa itself, but also U.S. permanent residency. Therefore eliminating the need for a U.S. sponsoring employer, and streamlining the application process by providing greater flexibility to the applicant. Compared to other employment-based visa categories requiring a Labor Certification, the EB-1A subcategory offers a more expedited process. Furthermore, the ability to file a petition and a green card application simultaneously significantly reduces wait times.

The processing time for the EB-1A can vary depending on the USCIS service center handling the case, but the entire process (including the green card processing time) generally ranges from about six months to two years. However, applicants have the option of requesting Premium Processing for their EB-1A petition, which normally gets adjudicated within 30 calendar days.