Employment-based immigration

The Ultimate Guide to the EB1A

In this guide, we cover everything you need to know about the EB1A, including its requirements, tips for enhancing your chances of approval, processing times, and associated costs.

By:

Chelsea Spinos

Chelsea Spinos is a contributing writer for Manifest Law. She covers all topics related to U.S. visas and green cards. She is passionate about helping people navigate their immigration journey with clarity and confidence.

Reviewer:

Simon Craven, Esq.

Simon Craven is an immigration attorney with 12+ years of experience working on thousands of successful immigration cases. Simon is passionate about US immigration and helping people.

10 min read • Aug 23, 2024

Key takeaways

The EB1A is designed for individuals with extraordinary abilities in fields like science, the arts, education, business, or athletics.

EB1A doesn't require a job offer or employer sponsorship.

EB1A criteria are harder to meet compared with other visas and generally have a 70% approval rate.

In order to qualify, you need to meet at least 3 out of 10 EB1A criteria, which include awards, memberships in prestigious associations, published material, and evidence of original contributions, among others.

Standard processing time for the EB1A petition ranges from 8 to 14 months, with an option for premium processing (15 business days) for an additional fee.

Unsure if you qualify for an EB1A? We will conduct a free evaluation of the strength of your profile. Manifest Law attorneys are experienced with EB1A applications and offer personalized support to strengthen your case.

Looking to bring your extraordinary talents to the United States? The EB1A could be your ideal path. This visa is tailored for individuals who have achieved excellence in fields such as science, arts, education, business, or athletics. Unlike other visas, the EB1A doesn’t require a job offer or employer sponsorship. It focuses on your personal accomplishments and impact in your area of expertise.

In this detailed guide, we cover everything you need to know about the EB1A, including its requirements, tips for enhancing your chances of approval, processing times, and associated costs.

What is the EB1A?

The EB1A is a visa for individuals with extraordinary abilities. Usually it is the fastest possible path to a Green Card, but is one of the hardest ones to qualify for.

The EB1A is a type of U.S. visa designed for individuals with extraordinary abilities in fields like science, arts, education, business, or athletics. If you’re a standout in your field—whether you’re a renowned researcher, a celebrated artist, or a top athlete—this visa might be your ticket to living and working in the United States.

Unlike many other visas, the EB1A doesn't require you to have a job offer or employer sponsorship. Instead, it's based on your accomplishments and contributions to your field. If you can demonstrate that you’ve achieved a level of expertise and recognition that sets you apart from your peers, you could meet EB1a criteria.

Differences between EB1A vs EB1B

The EB1A and EB1B are both paths for extraordinary individuals to come to the U.S., but they serve slightly different purposes and have distinct requirements.

The EB1A is all about showcasing your extraordinary ability in fields like science, arts, education, business, or athletics. This visa is designed for individuals who have achieved exceptional success on a global scale. One defining factor of the EB1A is that you don’t need a specific job offer or employer sponsorship. If you can prove you’re at the top of your field with notable awards, publications, or other achievements, you could qualify.

The EB1B visa is intended for outstanding professors and researchers. If you’ve made significant contributions to your field and have a job offer from a U.S. employer like a university or research institution in a tenured or tenure-track position, the EB1B might be the right visa option for you. Unlike the EB1A, the EB1B requires that you have a job lined up in the U.S., but it’s a great option if you’re an academic or researcher with a strong track record and a solid job offer.

In short, while both visas are for highly accomplished individuals, the EB1A is for those who excel independently and don’t need an employer, while the EB1B is for outstanding academics who have a specific job offer.

The EB1A and EB1B are both paths for extraordinary individuals to come to the U.S., but they serve slightly different purposes and have distinct requirements.

What are the benefits of the EB1A?

The EB1A offers flexibility of not needing employer sponsorship, faster processing times, and the opportunity for permanent residency.

Flexibility: You don’t need an employer sponsorship to apply for the EB1A visa. This allows you to apply based solely on your individual achievements and extraordinary abilities.

Faster Processing Times: The EB1A falls under the “Employment-Based First Preference” category, which receives priority over other visa categories. This often results in quicker processing times for both the visa and green card applications. For example EB1A for Indian citizens has a “Current” priority date for Indian nationals.

Green Card: The EB1A visa provides a pathway to permanent residency (a green card). Once you receive EB1A petition approval, you can apply for a 10 year green card in the U.S.

Dependents: Your immediate family—spouse and children under 21—can also benefit from the EB1A visa. After you get your green card, they can live in the U.S. with you and have access to education and healthcare.

Employment Freedom: As an EB1A visa holder, you have the flexibility to work for any employer in the U.S., or even be self-employed, without being tied to a specific job.

Simplified Process: Unlike many employment-based visas, the EB1A does not require a labor certification, simplifying the application process and reducing paperwork and time.

EB1A approval rate

According to 2023 data the EB1A visa has an approval rate of over 70%.

To put this in perspective, the EB1B visa for outstanding professors and researchers has a very high approval rate of about 90% and PERM applications have an approval rate closer to 95%. If you can show that you’re extraordinary in your field, the EB1A is a solid option with good odds.

It's worth noting that while the approval rates are high, you might receive a Request for Evidence (RFE), which simply means you’ll need to provide a bit more information.

Keep in mind: EB1A is a prestigious Green Card type and is considered to be competitive. About 30% of EB1A applications receiving a Request for Evidence from USCIS

Not sure if you’re eligible for EB1A?

Complete our complimentary EB1A quiz to pre-qualify for an EB1A visa

Take free visa quiz

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What is the EB1A criteria?

To qualify for an EB1A, you need to meet at least 3 out of 10 specific EB1A criteria related to extraordinary ability in your field.

Here's a detailed checklist to help you understand and meet these EB1A requirements:

To qualify for an EB1A, you need to meet at least 3 out of 10 specific EB1A criteria related to extraordinary ability in your field.

Here's a detailed checklist to help you understand and meet these EB1A requirements:

Awards: Include evidence of any notable awards or prizes you've received in your field. Even if they’re not the biggest awards out there, they should highlight your excellence.

Membership in Associations: Provide proof that you’re a member of high-profile associations that only accept top achievers. These memberships should be recognized by experts as prestigious.

Published Material: Share articles, interviews, or other media coverage about you in professional journals or major media outlets. Make sure to include all necessary details like titles and dates, and translate any non-English content.

Assessing Others: Document any experience you have as a judge or panelist evaluating work in your field or related areas. This shows your expertise and standing.

Original Contributions: Highlight any significant contributions you’ve made that have had a major impact on your field. This could be groundbreaking research, innovative ideas, or influential projects.

Published Works: Provide evidence of scholarly articles you’ve authored in reputable journals or major media. This demonstrates your thought leadership and expertise.

Show Off Your Work: If applicable, show that your work has been featured in artistic exhibitions or showcases. This is especially important for those in the arts.

Leading or Critical Role: Include evidence of any leading or critical roles you’ve held in well-known organizations. This shows that you’re a key player in your field.

Earnings Proof: Provide proof that you’ve earned a high salary compared to others in your field. This could include salary reports or contracts.

Success in Performing Arts: If relevant, show evidence of commercial success in the performing arts, such as high box office receipts or significant sales.

Final Merits determination — a subjective evaluation of your application in its entirety to determine whether you’re eligible. This is the section where you list all your accomplishments cohesively and ascertain that you have “sustained national or international acclaim and recognition in the field of expertise, and is one of that small percentage who has risen to the very top of their field of endeavor”

Manifest Tip: To support your EB1A application, you will eventually gather recommendation letters from experts who can vouch for your achievements and skills. Often applicants aim to obtain 5-10 recommendation letters from coworkers, colleagues or other professional connections.

To make sure your EB1 application is strong and accurate, it is highly advised to work with an experienced immigration lawyer. Reach out to our team at Manifest Law to learn more about how we can help.

What if I don’t meet the criteria for the EB1A?

Don’t panic if you’re not hitting all the EB1A criteria just yet. Many people successfully build their profiles to meet the EB1A requirements. Here are a few ways you can boost your EB1A application and improve your chances of getting approved:

Boost Your Judging Experience

Consider becoming a judge for various awards, like the Stevie Awards or Webby Awards. Even smaller roles in judging can make a difference. You can also look for opportunities to review open-source projects or participate in hackathons as a judge.

Increase Your Salary or Equity

Make sure your salary or equity is at the top end for your job type. If needed, show evidence of significant funding for your business. For entrepreneurs, equity in a well-funded startup can also be a strong point. You can check at OneStop and the BLS website. You can find a suitable job title to make your case stronger. For example, if 15-1252 Software Developers shows too high a salary for you, you can always try 15-1251 Computer Programmers or any of the other Category 15 Job Codes.

Show Your Role with Strong Recommendations

Secure letters from reputable sources that highlight your key roles and contributions. Whether you’re in a senior position or a critical role at a distinguished company, make sure these letters detail your impact and leadership.

Highlight Your Original Contributions

Include patents, published research, or proof that your work is widely used. Expert opinions about your contributions can also strengthen your case.

Find Publishing Opportunities

If you’re struggling with this criterion, consider publishing in less prominent journals or online platforms. Services that help with drafting and submitting articles can also be useful, though they might be pricey.

Join Prestigious Associations

Look into joining well-known associations related to your field. Membership in reputable groups can add value to your application.

Pursue Additional Awards

Go for industry-specific awards or honors. Winning hackathons or receiving other relevant accolades can help demonstrate your achievements.

Use Comparable Evidence for EB1A

Recently, USCIS introduced the Comparable Evidence clause, allowing you to use alternative forms of evidence if certain criteria don't apply to your field. Here’s how you can use this clause to strengthen your application:

Boost Your Judging Experience

Increase Your Salary or Equity

Show Your Role with Strong Recommendations

Highlight Your Original Contributions

Include patents, published research, or proof that your work is widely used. Expert opinions about your contributions can also strengthen your case.

Find Publishing Opportunities

Join Prestigious Associations

Look into joining well-known associations related to your field. Membership in reputable groups can add value to your application.

Pursue Additional Awards

Go for industry-specific awards or honors. Winning hackathons or receiving other relevant accolades can help demonstrate your achievements.

Use Comparable Evidence for EB1A

Evidence Needed

Substitute Scholarly Articles with Conference Presentations

Equity as a Stand-In for High Salary

Using Open-Source Contributions as Evidence

Alternative Proof

If publishing scholarly articles doesn’t fit your profession, you can substitute this with presentations at major conferences or trade shows.

For example, if you work in industry rather than academia, showing that you’ve presented your work at a significant trade event can meet the requirement for scholarly articles.

For entrepreneurs or those in startups, documenting a high salary might not be practical. Instead, you can present evidence that the value of your equity in the company is equivalent to a high salary. This approach helps fulfill the high salary criterion with proof of significant financial stakes in your business.

If traditional criteria don’t fit, you can use open-source contributions as evidence. For instance:

GitHub code reviews for important open-source projects can count as “Judging.”
Forks and activity on repositories you contribute to can serve as examples of “Published Material.”
High star counts on your repositories can demonstrate widespread use, fulfilling the “Original Contributions” criterion.
Ownership of a popular open-source project can be seen as equivalent to “Membership in Associations.”

Here are a couple of miscellaneous other tips that can help your application:

Read through the Kazarian vs USCIS case in detail. It is the case USCIS officers will cite the most often to make your decision. If you study the case, you’ll have the same information the officers do to assess whether you meet a criteria.
Draw attention to relevant parts of evidence When submitting evidence, make it clear with outlines and arrows where your name is mentioned and any other relevant information. Don’t give the officer more work.
Email screenshots are evidence Use of emails inviting you to events or thanking you for judging an award, or accepting you as be a member of an association.
Use the NSTC CET (Critical and Emerging Technologies) document Another part of securing an EB1A visa is proving that your entry to the US will substantially benefit the US. To that extent, use the NSTC (National Science and Technology Council)’s CET list to reinforce the value of your area of expertise.

Here are a couple of miscellaneous other tips that can help your application:

Read through the Kazarian vs USCIS case in detail. It is the case USCIS officers will cite the most often to make your decision. If you study the case, you’ll have the same information the officers do to assess whether you meet a criteria.
Draw attention to relevant parts of evidence When submitting evidence, make it clear with outlines and arrows where your name is mentioned and any other relevant information. Don’t give the officer more work.
Email screenshots are evidence Use of emails inviting you to events or thanking you for judging an award, or accepting you as be a member of an association.
Use the NSTC CET (Critical and Emerging Technologies) document Another part of securing an EB1A visa is proving that your entry to the US will substantially benefit the US. To that extent, use the NSTC (National Science and Technology Council)’s CET list to reinforce the value of your area of expertise.

EB1A processing time

Typically, the processing time for an EB1A petition ranges from 8 to 14 months. This timeframe can vary depending on the specific USCIS service center handling your application and its current workload. EB1A also offers premium processing where USCIS will make a decision about your petition within 15 business days window (separate USCIS fee applies).

However, if USCIS requires additional information, you might receive a Request for Evidence (RFE). Responding to an RFE can extend your processing time by several months, so it’s essential to provide the requested information promptly to avoid further delays.

Overall, from the initial filing to receiving your final decision, the entire EB1A process can take between 8 months to over a year.

EB1A Processing for Indian Nationals

For Indian nationals, the EB1A is particularly appealing because it often has shorter wait times compared to other employment-based green card categories like EB2 or EB3. These other categories can have long backlogs, sometimes stretching for years, but the EB1A category usually allows you to move through the process more quickly. The key to this is your priority date, which is essentially your place in line for a green card. This date is set when your i140 is filed with USCIS.

Recently, there has been some retrogression in the EB1 category, meaning that more people are applying than there are visas available. However, the EB1A still remains one of the fastest paths to a green card for Indian applicants. Processing times can vary, but once your I-140 is approved and your priority date becomes current, you could receive your green card in a matter of months.

To stay on top of these changes and understand how they might affect your application, it's crucial to keep track of the USCIS visa bulletin. We recommend checking the Manifest Law blog regularly for the latest updates on priority dates.

EB1A Premium Processing

For those needing faster processing for the EB1A, there is an option for premium processing, which expedites the decision-making process to 15 business days. This service comes with an additional fee of $2,805 but provides a quicker response, although it does not guarantee approval.

EB1A Costs

Essentially, there are two types of fees associated with the application: EB1A lawyer fees and Government fees + other costs.

Government fees and processing timelines for EB1 Visa by Manifest Law

EB1A Lawyer Fees

When it comes to hiring a lawyer for your EB1A visa, fees can vary depending on the firm. If you’re looking for a more personalized experience, a smaller firm with a focus on EB1A visas might be the right choice for you.

At Manifest Law, we offer EB1A visa services starting at $7,995. The exact fee will depend on the package you choose and the level of money-back guarantee you want. We’re dedicated to making the EB1A process as smooth and tailored to your needs as possible. Reach out to us to find out how we can help you achieve your visa goals.

EB1A Processing Fees

Here's a quick overview of the current filing fees for the EB1A visa (keep in mind, these fees can change).

Most Organizations

Organizations with 25 or fewer employees

Nonprofits

I-140 Fee

$715

Asylum Program Fee

$600

$300

N/A

TOTAL

$1,315

$1,015

$715

Manifest Law©️. Learn more on www.manifestlaw.com

I-485 Application to Register Permanent Residence or Adjust Status
(with biometric services)

I-485 Application to Register Permanent Residence or Adjust Status
(under the age of 14 in certain conditions)

$1,440

$950

Manifest Law©️. Learn more on www.manifestlaw.com

I-765 Application for Employment Authorization (online filing)

I-765 Application for Employment Authorization (paper filing)

I-131

$210

$260

$630

Manifest Law©️. Learn more on www.manifestlaw.com

Should you hire a lawyer for the EB1A? Yes!

You might wonder if you can handle the EB1A visa application on your own. While it’s possible, keep in mind that the process is lengthy and complicated. Doing it yourself means you’ll need to manage most of the work and might struggle with aspects specific to your field. You might also find it challenging to get the detailed, personalized attention that an immigration lawyer can provide.

Working with an experienced immigration lawyer can offer you reassurance and a higher chance of success. At Manifest Law, we’re dedicated to supporting you every step of the way and making sure your EB1A application is as strong as possible.

Our team of immigration lawyers have over 10 years of experience on average, and we offer flexible payment plans of up to 6 months. Plus, we provide a visa-approved or money-back guarantee (check out the terms).

Reach out to us today for a free consultation to learn more.

Not sure if you’re eligible for EB1A?

Complete our complimentary EB1A quiz to pre-qualify for an EB1A visa

Take free visa quiz

Frequently asked questions

Do I need a Nobel Prize to qualify for the EB1A?

No, you don’t need a Nobel Prize to qualify for an EB1A visa. While having prestigious awards can be beneficial, the EB1A visa is about demonstrating exceptional ability in your field through specific criteria set by USCIS. Many successful applicants do not have high-profile awards but still meet the criteria through other significant achievements and contributions in their area of expertise.

How many citations are needed for scholarly material for EB1A?

There’s no set number of citations required for your scholarly work to qualify for the EB1A visa. Although having more citations can strengthen your case, there are successful applications with few citations. It’s more important to show the impact and significance of your work rather than meeting a specific citation threshold.

How can I increase my chances of getting approved for the EB1A?

To boost your chances, focus on meeting at least 3 of the 10 EB1A criteria with solid, well-documented evidence. This could include awards, published material, or evidence of original contributions. Working with an experienced immigration lawyer can also help ensure your application is thorough and presents your achievements in the best light.

What happens if my EB1A application is denied?

If your EB1A application is denied, you have options to appeal or file a motion to reopen or reconsider. It’s crucial to review the reasons for the denial carefully and work with your lawyer to address any issues. You can also refile your EB1A case. Understanding the denial reasons can help you strengthen your application if you decide to reapply.

Can I include my family in my EB1A application?

Yes, you can include your spouse and unmarried children under 21 in your EB1A visa application, but they do not get status or work authorization from the I-140 petition alone. They can apply for derivative visas to join you in the U.S. and will need to submit their own applications based on your approved EB1A visa.

Take the First Step:

Schedule your free consultation!

Review of visa options available for you

General information about timelines, fees, requirements for various visa options

Information on Manifest fees, terms and process

Full clarity and transparency every step along the way

Request a consultation

Avi Goldenberg

Principal attorney at Manifest Law

Take the First Step:

Schedule your free consultation!

Review of visa options available for you

General information about timelines, fees, requirements for various visa options

Information on Manifest fees, terms and process

Full clarity and transparency every step along the way

Request a consultation

Avi Goldenberg

Principal attorney at Manifest Law

Take the First Step:

Schedule your free consultation!

Review of visa options available for you

General information about timelines, fees, requirements for various visa options

Information on Manifest fees, terms and process

Full clarity and transparency every step along the way

Request a consultation

Avi Goldenberg

Principal attorney at Manifest Law

In this blog article:

What is the EB1A?

Eb1a vs Eb1b

What are the benefits of the EB1A visa?

Chances of Approval for EB1A Visa

EB1A criteria

What if I don’t meet the criteria for the EB1A Visa?

EB1A Visa Processing Time

EB1A Processing for Indian Nationals

EB1A Visa Premium Processing

EB1A Visa Costs

EB1A Lawyer Fees

EB1A Processing Fees

Should you hire a lawyer for the EB1A visa? Yes!

Frequently Asked Questions

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