How to Get an EB1A Green Card Without an Employer (2025 Guide)

Introduction to the EB-1A Visa

The EB-1A is a green card category (also called an immigrant visa classification) for individuals of “extraordinary ability.” It is one pathway to a green card that does not require either employer or family sponsorship.

Demonstrating extraordinary ability is intentionally challenging, as Congress created this visa to be awarded only to the top people in a given field.

Minimum Eligibility Requirements

To qualify, self-petitioners must continue to work in their field of extraordinary ability and demonstrate that their entry will prospectively benefit the United States, and satisfy one of the following two requirements:

1. Received a one-time achievement award, e.g., Olympic medal, Academy Award (Oscar), Pulitzer Prize, Nobel Peace Prize, etc.; or

2. Submit evidence sufficient to establish eligibility under at least three of these ten criteria:

i. Receipt of lesser nationally or internationally recognized prizes or awards for excellence;
ii. Membership in associations in the field which demand outstanding achievement of their members;
iii. Published material about the self-petitioner in professional or major trade publications or other major media;
iv. Serving as a judge of the work of others, either individually or on a panel in the same or an allied field;
v. Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
vi. Authorship of scholarly articles in professional or major trade publications or other major media;
vii. The self-petitioner’s work has been displayed at artistic exhibitions or showcases;
viii. Performance of a leading or critical role in distinguished organizations;
ix. Self-petitioner commands a high salary or other significantly high remuneration in relation to others in the field; and
x. Commercial successes in the performing arts.

A petitioner who has won a one-time achievement award does not also need to meet at least three of the ten criteria. Likewise, a petitioner that meets at least three of the ten criteria does not also need to establish that they won a one-time achievement award.  USCIS provides detailed policy guidance on the requirements for this visa, with examples that demonstrate how each requirement functions in practice.

If a petitioner meets either of the two initial requirements, USCIS will then examine whether the petitioner has sustained national or international acclaim and whether their achievements have been recognized in their field.

The Self-Petitioning Process

The first step to applying for an EB-1A is to gather evidence of a one-time achievement award or alternatively, evidence that meets at least three of the ten criteria.  Although the petitioner must continue working in their field in the United States, this does not mean the petitioner needs a specific job offer or employment in order to petition and qualify for the EB-1A visa.  Next, the petitioner must fill out a Form I-140 Immigrant Petition for Alien Worker and check the box at the bottom right of the first page to indicate that the “Petition Type” is for “extraordinary ability.”

While some practitioners may provide a specific timeframe for processing this type of immigration benefit, it is always best to check USCIS’s site to manage expectations on how long the EB-1A process takes. Premium Processing is a service that can be added to the Form I-140 filing and may result in reducing the adjudication time to about fifteen days. Check USCIS’s site for the cost to request Form I-907 Premium Processing.

How Will USCIS Analyze the Case

The Ten Criteria

Most successful self-petitioners are not recipients of a one-time achievement award and therefore qualify for the EB-1A based upon establishing at least three of the ten criteria.  Regarding the criteria, USCIS will accept the same evidence submitted for different criteria where applicable.  For example, if a petitioner published their ground breaking research in a medical journal, this might serve to meet both criterion (iii), for published material in a major professional journal, as well as criterion (v), pertaining to original contributions of major significance.

Self-petitioners must also be aware that USCIS scrutinizes the language of the criterion when determining whether the evidence is sufficient to establish eligibility.  For instance, evidence provided to establish eligibility under criterion (v), pertaining to original contributions of major significance, should support a finding that the contribution is both original and of major significance. It is not sufficient to simply have an original contribution or to have a majorly significant one.

Some individuals may establish eligibility through evidence of at least three of the ten criteria, but will not ultimately succeed in an EB-1A approval.  After meeting at least three criteria, USCIS will conduct a final merits determination, which involves an examination of the evidence overall and how well it supports a finding that the petitioner has sustained national or international acclaim.  USCIS looks for sustained acclaim, meaning that being a “one hit wonder” or having one’s “five minutes of fame” is generally insufficient to establish eligibility because such acclaim is brief or just for a particular competition or piece of work.

The Final Merits Determination

The final merits determination also involves USCIS’s examination of the overall quality of evidence.  While providing a lot of documentation may seem like a good strategy, it is best to consider the quality of the evidence first.  The quantity of evidence required for a particular criterion may be far less if the evidence is of a high quality.  For instance, a petitioner may have showcased art in ten municipal exhibitions, but this may be less persuasive for criterion (vii) than a petitioner who participated in three well-known international ones.  Another example of the tension between quality and quantity would be to provide extra evidence of how a petitioner meets one criterion to overcompensate for the lack of evidence for another criterion.

It is important to note that EB-1A petitioners must work in their field of extraordinary ability for the benefit of the United States. To illustrate, if an EB-1A is approved for a self-petitioning soccer player, the self-petitioner must continue working in their field of extraordinary ability in a way that aligns with the accomplishments and expertise that formed the basis of their EB-1A approval. In some cases, closely related occupations may be acceptable if they fall within the same area of expertise. This also means that the self-petitioner plays soccer for the benefit of the United States, rather than some other country.

After the Form I-140 Is Approved

Petitioners Outside the U.S.

Successful self-petitioners located outside of the United States are considered “first preference” immigrants.  The waiting time for a visa depends on the petitioner’s country of origin but it is generally less than the wait time for other types of visas.  Petitioners must consult the Department of State’s Visa Bulletin to determine when a visa is available.  A petitioner’s priority date must be “current,” which means waiting until the visa bulletin indicates that a “first preference” employment-based visa is available for the petitioner’s country of origin. After a consular interview, approved petitioners may enter the United States on the EB-1A visa and become permanent residents upon arrival.

Petitioners Already in the U.S.

For self-petitioners inside the United States with current priority dates, the Form I-140 may be filed concurrently with a Form I-485 Adjustment of Status (green card) application.  However, if the I-140 is denied, the I-485 will also be denied.  The benefit of concurrent filing is that if the I-140 is approved, the petitioner may receive a green card faster because the I-485 has already been filed and is ready for adjudication.  The less risky but more time-consuming option for petitioners inside the United States is to wait until after the EB-1A petition is approved before applying for a green card.

Conclusion

The EB-1A is a highly sought-after visa classification because it is one of the fastest ways to obtain a green card and also has a self-petitioning option.  While this may be considered one of the most desirable green card options because of its speed and flexibility, petitioners must keep in mind that the evidentiary bar to qualify for this visa class is difficult to meet.  Difficult does not mean impossible, however, and a self-petitioner’s chances of success are increased when an experienced immigration attorney provides individualized attention to their case.

If you’re interested in exploring your eligibility for the EB-1A green card, Ashoori Law can help. Contact us to schedule a consultation.