Frequently Asked Questions
USCIS criteria, process, evidence: what you need to know about EB-1A
What is the EB-1A visa?+
EB-1A is a first preference immigration visa for individuals with extraordinary ability in sciences, arts, education, business, or athletics. It is one of the few categories that allows self-petitioning — you don't need a sponsor or job offer. It is considered the "premium" Green Card category.
What are the 10 USCIS criteria for EB-1A?+
You must meet at least 3 of 10 criteria: (1) lesser national/international awards, (2) memberships requiring outstanding achievement, (3) published material about you in professional media, (4) serving as judge of others' work, (5) significant original contributions, (6) authorship of scholarly articles, (7) artistic exhibitions, (8) critical role in distinguished organizations, (9) high salary, (10) commercial success in performing arts.
What is the difference between EB-1A and O-1?+
EB-1A is a Green Card (permanent), O-1 is a temporary work visa. EB-1A does not require a sponsor (self-petition), O-1 does. Criteria are similar but EB-1A has a higher standard: "sustained national or international acclaim". Many people first obtain O-1 and then apply for EB-1A.
What is the "final merits determination"?+
After demonstrating you meet 3 of 10 criteria, USCIS makes a final evaluation of the complete case. The officer looks at the entire record and decides if, as a whole, you demonstrate being in the "small percentage who have risen to the very top of the field". Just checking criteria isn't enough — the evidence must be convincing as a whole.
Do I need a major award like Nobel or Oscar to qualify?+
No. A unique award of international recognition (Nobel, Oscar, Olympic, Pulitzer) automatically qualifies, but most EB-1A applications use the 10 alternative criteria. Professionals with publications, citations, recognized contributions, industry awards, and leadership roles can qualify without a world-famous award.
How long does the EB-1A process take?+
I-140 processing: 8–12 months (15 days with Premium Processing, $2,805 USD). Then adjustment of status or consular processing: 6–18 months depending on country. Since EB-1A is "current" category for most nationals (no backlog), it tends to be one of the fastest routes to a Green Card.
Do my spouse and children get the Green Card with me?+
Yes. Your spouse and all unmarried children under 21 qualify as dependents and obtain the Green Card as part of your petition. They do not need to demonstrate their own extraordinary ability.
What is "comparable evidence" for EB-1A?+
If your field does not fit perfectly within USCIS's 10 standard criteria, you can present comparable evidence demonstrating extraordinary ability. For example, a famous chef may not have academic publications but does have media coverage, culinary awards, and exhibitions. USCIS accepts this flexibility if properly argued.
Can I apply for EB-1A if I am an entrepreneur or startup founder?+
Yes. Entrepreneurs with successful startups can qualify by demonstrating: coverage in major media, significant funding rounds, industry awards (Forbes 30 Under 30, etc.), participation as speaker at top events, critical role in distinguished companies, and original contributions with measurable impact in their industry.
How much does the EB-1A process cost?+
USCIS fees: I-140 $715 USD + asylum fee $600 USD + optional Premium Processing $2,805 USD + I-485 if applicable $1,440 USD. Legal fees for EB-1A typically vary between $8,000 and $20,000 USD depending on case complexity and amount of evidence to prepare. In your free evaluation we review your profile and give exact budget.