EB1A Visa
EB1A Visa Guide: Everything You Need to Know About the EB1A Visa
The EB1A visa may be suitable for individuals with extraordinary abilities in the arts, sciences, business, education, or athletics.
With an EB1A visa, you can get your green card without a job offer from a US company. And, because the EB-1A is eligible for premium processing, USCIS will take action on the Form I-140 within 15 calendar days. (Premium processing does not expedite Form I-485, consular processing, or visa availability.)
In this guide, I’m going to explain what you need to know about the EB1A visa.
If you have any questions about the EB1A visa, email me directly at contact@ashoorilaw.com. My team and I would be happy to help you prepare and pursue your EB-1A case.
Overview:
1. What is the EB1A Visa?
2. What are the Benefits of an EB1A Visa?
3. What are the EB1A Visa Requirements? (How to Get an EB1A Visa)
4. How Does USCIS Decide Whether to Approve or Deny an EB1A Visa Petition?
5. What Documents are Needed to Apply for an EB1A Visa?
6. What’s the Difference Between EB1A and EB1C?
7. What Is the Process for Obtaining an EB1A Visa?
8. Conclusion
1. What is the EB1A Visa?
The EB1A visa is an immigrant visa for people that are highly gifted in certain industries. Specifically, the EB1A visa is for foreign nationals that have an extraordinary ability in the arts, sciences, business, education, or athletics.
In order to get an EB1A visa, you must prove that you have an extraordinary ability, and that you will continue to work in your field of extraordinary ability upon coming to the United States.
Extraordinary ability means that you are one of the select few people who have risen to the very top of your field. There are multiple ways of proving extraordinary ability, such as receiving major awards in your industry, receiving a very high salary compared to others in your field, and other such factors (these will be discussed in detail below).
The EB1A classification is an immigrant classification so it qualifies for a green card for the applicant, their spouse, and children. Also, the EB1A classification is eligible for self-petition, so an applicant can file the application on their own behalf without a foreign company applying for them.
Summary:
- The EB1A visa is an immigrant visa for people with an extraordinary ability in the arts, sciences, business, athletics, or education.
- The EB1A is reserved for people who have risen to the very top of their field.
- In order to get an EB1A visa, you must show that you have an extraordinary ability and that you will continue to work in your field of extraordinary ability upon coming to the United States.
Is EB1A Called the “Einstein Visa”?
Yes, the EB1A visa is often nicknamed the “Einstein visa” because it is intended for individuals who have risen to the very top of their field, similar to how Einstein is regarded in physics. While the name is informal and not an official USCIS term, it reflects the high bar for achievement required to qualify.
2. What are the Benefits of an EB1A Visa?
The EB1A visa does not require a US company sponsor:
Most employment-based immigrant visas require you to get a job offer from a US company.
The US company is also usually required to get an approved Labor Certification. A Labor Certification is a document showing that the US employer made attempts and was unable to get a qualified US worker to fill the position they are hiring you for.
With the EB1A visa, you do not need a US job offer or a Labor Certification.
Instead, you can apply for an EB1A visa by self-petition (meaning that you can apply yourself without a company sponsoring you).
The EB1A visa is an immigrant visa:
There are 2 types of visas: immigrant visas and non-immigrant visas.
Immigrant visas result in a green card and lawful permanent residency.
Non-immigrant visas are temporary and do not result in a green card.
Because the EB1A visa is an immigrant visa, if you are successful in your EB1A visa application, you qualify for a US green card.
Your spouse and unmarried children under 21 years of age can also obtain their green cards through your EB1A visa approval.
The EB1A visa is eligible for premium processing:
Premium processing is a service offered by USCIS for certain visa categories.
If you elect to have premium processing for your visa petition, USCIS will review your petition and issue a response within 15 days.
The fee for premium processing is $2,805.
Because the EB1A visa is eligible for premium processing, you can have your petition reviewed and answered within 15 days. This is much faster than most other visas.
EB-1 generally has favorable visa availability,
but it fluctuates with demand and country of chargeability. For example, DOS announced that the FY-2025 EB-1 annual limit was reached, delaying further EB-1 visa issuance until the next fiscal year.
What Is the EB1A Processing Time?
With premium processing, USCIS takes action on the I-140 in 15 calendar days. Total time to a green card varies with visa-bulletin availability and whether you adjust in the U.S. or process at a consulate; in FY-2025, for example, EB-1 became unavailable late in the fiscal year, delaying final approvals until the new annual allocation. Visa availability varies by country of chargeability; check the DOS Visa Bulletin for backlogs.
3. What are the EB1A Visa Requirements? (How to Get an EB1A Visa)
To get an EB1A visa, you need to prove 3 things:
- That you have an extraordinary ability in either the sciences, arts, education, business, or athletics.
- That you are coming to the United States to continue working in your field of extraordinary ability.
- That your entry to the United States will substantially benefit the United States.
How to Prove That You Have Extraordinary Ability
Proving that you have extraordinary ability is the most important part of the EB1A visa application.
This section is so important that I’m going to go through it step-by-step.
1. What is Extraordinary Ability?
Extraordinary ability is “a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor.” [8CFR Section 204.5(h)(2)]
2. How do You Prove that You Have Extraordinary Ability?
To prove that you have extraordinary ability you must provide evidence that you have “sustained national or international acclaim” and that your “achievements have been recognized in the field of expertise.” [8CFR Section 204.5(h)(3)]
3. How do You Prove that You Have Sustained National or International Acclaim and That Your Achievements have Been Recognized in Your Field of Expertise?
There are 2 ways to prove this:
- Evidence of a one-time achievement
- OR evidence that you meet 3 of the 10 evidentiary criteria for an EB1A visa (discussed below)
One-Time Achievement
A one-time achievement must be a major, internationally recognized award.
Examples of a one-time achievement are: the Nobel Peace Prize, an Academy Award, a Grammy, etc.
If you have one of these major, internationally recognized awards, this will likely be sufficient to prove that you have sustained national or international acclaim and that your achievements have been recognized in your field of expertise.
If you do not have one of these awards, you will have to meet at least 3 of the 10 criteria discussed below.
Evidentiary Criteria for EB1A Visa
As stated above, if you do not have a major national or international award or recognition, you must satisfy at least 3 of the following requirements:
- Receipt of lesser nationally or internationally recognized prizes or awards for excellence in your field of endeavor
- Membership in associations in your field of endeavor, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields
- Published material about you, in professional or major trade publications or other major media, relating to your work in your field of endeavor
- Participation, either as an individual or as part of a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought
- Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in your field of endeavor
- Authorship of scholarly articles in your field, in professional or major trade publications or other major media
- The display of your work in your field at artistic exhibitions or showcases
- You have performed in a leading or critical role for organizations or establishments that have a distinguished reputation
- You have commanded a high salary or other significantly high remuneration for services, in relation to others in your field
- You have achieved commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.
What Is Considered a High Salary for EB1A?
USCIS evaluates high salary relative to others in the same field, geographic area, and industry level. There is no specific dollar threshold. Instead, the salary must be significantly higher than what is typical for professionals with similar experience in your field. Evidence can include credible industry salary reports (e.g., government labor statistics or industry surveys), offer letters, pay stubs, or tax documents that clearly show your compensation exceeds the norm. For example, if the average salary in your field is $120,000 and you earn $200,000, this may support a finding of extraordinary ability under this criterion.
Keep in mind:
If one of these categories does not apply to your field of extraordinary ability, you may submit comparable evidence to demonstrate your eligibility for an EB1A visa.
For example, if you are a world renowned chef, you may not have evidence of commercial success in the performing arts. Instead, you might have evidence of very high commercial success for a cook-book that you authored.
In these situations, it is important to show why the criteria doesn’t apply to your case and to explain why the evidence you are submitted should be accepted as a substitute.
How to Prove That you are Coming to the United States to Continue Working in Your Field of Extraordinary Ability.
In addition to proving that you have extraordinary ability, you must also show with clear evidence that you are coming to the USA to continue to work in your field of extraordinary ability.
You can meet this requirement by submitting any of the following evidence:
- Letters from potential employers in your field of extraordinary ability
- Contracts between you and US companies showing that you are committed to working in your field of extraordinary ability
- A written statement by you with details of your plans to come to the United States and continue to work in your field of extraordinary ability
You are not required to have a job offer
How to Prove That Your Entry to the United States will Substantially Benefit the United States.
The statute also requires that you will continue to work in your area of extraordinary ability and that your entry will ‘substantially benefit prospectively’ the United States. This is often demonstrated through credible plans for continued work, such as letters from prospective collaborators, contracts, or a detailed statement, evaluated under USCIS’s two-step analysis over the full record.
4. How Does USCIS Decide Whether to Approve or Deny an EB1A Visa Petition?
USCIS has a 2-step process when determining whether to approve of deny an EB1A petition:
- Step-1: Evidentiary Threshold
- Step-2: Final Merits Determination
Step-1: Evidentiary Threshold
Step-1 checks whether your evidence meets the plain language of at least 3 regulatory criteria (or one-time major award). Step-2 (final merits) evaluates the overall caliber and significance of the record to determine if you are among the small percentage at the very top of the field.
If you do not meet at least 3 of the 10 criteria, then your application is denied at this stage.
At this stage, USCIS is not determining whether you are one of the select few that have risen to the top of your field.
Step-2: Final Merits Determination
At this stage, USCIS evaluates the totality of the evidence you have submitted to determine if you are individual of extraordinary ability.
It is at this stage where USCIS determines whether you are one of the select few who has risen to the top of your field.
Here, USCIS is also evaluating whether you have “sustained national or international acclaim” and whether your achievements have been recognized in your field of expertise.
How Difficult Is It to Get an EB1A Visa?
The EB1A visa is one of the most challenging employment-based immigrant visas to qualify for due to its high eligibility threshold. USCIS defines extraordinary ability as “a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor” [8 CFR § 204.5(h)(2)]. Meeting 3 of the 10 evidentiary criteria alone is not enough-you must also demonstrate sustained national or international acclaim and that your accomplishments are truly exceptional. A well-prepared petition with robust evidence and strong letters of endorsement can significantly improve your chances, making it achievable for the right candidate.
Quick Summary of the Evaluation Process
Many people think that because they can check-off 3 of the evidentiary criteria listed above, that they are qualified for an EB1A visa.
This is not accurate!
In addition to showing that you have commanded a high salary, have awards, and published articles, or whatever other assortment of the criteria listed above, you still must meet the definition of extraordinary ability.
Just to repeat the definition: extraordinary ability is “a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor.” [8CFR Section 204.5(h)(2)]
This is a very high standard to meet, but it is achievable for the right candidate.
5. What Documents are Needed to Apply for an EB1A Visa?
The evidence that you submit in support of your EB1A application is extremely important to get approved.
The exact documents that you need to provide your immigration lawyer will depend based on your accomplishments, publications, accolades, etc.
With that disclaimer, here is is a list of general documents that you should expect to provide to your immigration lawyer:
- Your resume or CV
- Copies of your passport for you and your family
- Evidence of your extraordinary ability such as copies of your publications, evidence of your awards, pay-stubs showing a high salary compared to your colleagues, citations, and other such evidence
- Letters of recommendation and endorsement from experts and professionals in your field.
- Evidence of the type of work you will be doing in the USA, including a job offer, a contract for work, or a signed statement regarding the work you will be doing in the USA.
Important Note Regarding Letters of Endorsement:
Letters from experts are helpful context, but USCIS focuses on corroborating, objective evidence demonstrating sustained acclaim and top-of-field status.
You should begin to think about who you can reach out to for letters of endorsement very early on in the planning of your EB1A visa application.
How Much Does an EB1A Visa Cost?
The government filing fees for the EB1A visa are as follows:
- Form I-140 filing fee: $715 (plus Asylum Program Fee-generally $600, or $300 for small employers; $0 for nonprofits).
- Premium Processing (optional): $2,805 with a 15-calendar-day action window for the I-140 only.
- Adjustment of Status (I-485): $1,440 (most applicants 14-78); work/travel documents now require separate fees.
- Consular Immigrant Visa fee (DS-260): $325;
- USCIS Immigrant Fee (for card production): $235.
These fees do not include legal fees, translation costs, or document preparation. Fees are subject to change, so check the USCIS website for the latest schedule. You should also budget for fees for dependent family members.
6. What’s the Difference Between EB1A and EB1C?
While both EB1A and EB1C are immigrant visas under the EB-1 category, they have very different eligibility criteria:
- EB1A is for individuals with extraordinary ability in arts, sciences, education, business, or athletics. No employer sponsorship is required, allowing for self-petition.
- EB1C is for multinational managers or executives transferring to a U.S. branch of their company. It requires a U.S. job offer, at least one year of employment with a foreign affiliate (parent, subsidiary, or affiliate), and a qualifying relationship between the U.S. and foreign entity.
If you are a top-tier individual contributor (e.g., researcher, artist, or athlete), EB1A is more appropriate. If you are a senior-level executive or manager working for a global company, EB1C may be the better route.
7. What Is the Process for Obtaining an EB1A Visa?
Here’s a simplified step-by-step process:
- Determine Eligibility: Ensure you meet the criteria for extraordinary ability.
- Gather Evidence: Collect strong documentation to meet 3 of the 10 USCIS criteria or a one-time major award.
- Prepare Form I-140 Petition: File with USCIS, including supporting evidence and optional premium processing. Premium processing applies only to I-140.
- USCIS Review: USCIS makes a 2-part decision (threshold evidence + final merits).
- Apply for Green Card: If I-140 is approved, file I-485 (Adjustment of Status) if inside the U.S., or go through consular processing if abroad. Include biometrics appointment for I-485.
- Receive Green Card: Upon approval of your I-485 or consular interview, you receive your green card. Total time can be 6-18 months, depending on premium processing and visa availability.
8. Conclusion
The EB1A visa is a great option for the right candidate.
If you are someone who has extraordinary ability in the arts, sciences, athletics, business, or education, the EB1A visa is an option that you should consider.
The definition of extraordinary ability is a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor.
You prove extraordinary ability by showing “sustained national or international acclaim” and that your “achievements have been recognized in the field of expertise.” [8CFR Section 204.5(h)(3)]
You prove sustained national or international acclaim and that your achievements have been recognized in your field of expertise by submitting evidence of a one-time achievement or by meeting 3 of the 10 evidentiary criteria listed above.
You are now in a much better place to assess the EB1A visa and whether or not it is a good option for you to consider.
If you have any questions over anything discussed on this page, feel free to contact me directly at contact@ashoorilaw.com. I’m very responsive via email and would be happy to answer your questions.
I’m Michael Ashoori, Esq. and I’m the founder of Ashoori Law, a Los Angeles based immigration law firm focused on helping professionals and entrepreneurs get visas to the United States.
Resources:
1. Business Immigration: Law & Practice, 2nd Ed. – Vol. 2: Chapter 3
Michael Ashoori, Esq.
President of Ashoori Law
I’m a U.S. immigration lawyer and I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.
Since starting my law firm, I’ve helped thousands of people from all over the world with their immigration needs. I’m very passionate, hard-working, and committed to my clients.
Got a question? Send me an email.