EB-1A Visa Guide: Everything You Need to Know About the EB-1A Visa

The EB-1A immigrant visa may be suitable for individuals with extraordinary ability in the sciences, arts, education, business, or athletics.

With an EB-1A 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 adjudicative action (such as approval, denial, or a request for evidence) 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 EB-1A visa.

If you have any questions about the EB-1A visa, email me directly at contact@ashoorilaw.com. My team and I would be happy to discuss your case in a consultation.

Overview:

1. What is the EB-1A Visa?
2. What are the Benefits of an EB-1A Visa?
3. What are the EB-1A Visa Requirements? (How to Get an EB-1A Visa)
4. How Does USCIS Decide Whether to Approve or Deny an EB-1A Visa Petition?
5. What Documents are Needed to Apply for an EB-1A Visa?
6. What’s the Difference Between EB-1A and EB1C?
7. What Is the Process for Obtaining an EB-1A Visa?
8. Conclusion

1. What is the EB-1A Visa?

The EB-1A visa is an immigrant visa for people that are highly gifted in certain industries. Specifically, the EB-1A visa is for foreign nationals who have extraordinary ability in the sciences, arts, education, business, or athletics.

In order to get an EB-1A 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 EB-1A classification is an immigrant classification, so it qualifies for a green card for the applicant, their spouse, and unmarried children under 21. Also, the EB-1A classification is eligible for self-petition, so an applicant can file the petition on their own behalf without a U.S. employer sponsoring or filing it.

Summary:

• The EB-1A visa is an immigrant visa for people with an extraordinary ability in the arts, sciences, business, athletics, or education.
• The EB-1A is reserved for people who have risen to the very top of their field.
• In order to get an EB-1A 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 EB-1A Called the “Einstein Visa”?

Yes, the EB-1A 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 EB-1A Visa?

The EB-1A 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 EB-1A visa, you do not need a US job offer or a Labor Certification.

Instead, you can apply for an EB-1A visa by self-petition (meaning that you can apply yourself without a company sponsoring you).

The EB-1A 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 EB-1A visa is an immigrant visa, if you are successful in your EB-1A visa application, you qualify for a US green card.

Your spouse and unmarried children under 21 years of age can also obtain derivative green cards through your EB-1A approval.

The EB-1A 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 take adjudicative action (such as an approval, denial, or request for evidence) within 15 calendar days.

The fee for premium processing is $2,805 (check uscis.gov for the latest amount, as fees are subject to change).

Because the EB-1A visa is eligible for premium processing, you can have your I-140 petition acted on by USCIS within 15 calendar days (for example, an approval, denial, or request for evidence). This is much faster than most other employment-based categories.

EB-1 generally has favorable visa availability,

but it fluctuates with demand and country of chargeability. In some years, the Department of State has temporarily made certain EB-1 categories unavailable near the end of the fiscal year when annual limits were reached, delaying additional EB-1 visa issuance until the next fiscal year.

What Is the EB-1A Processing Time?

With premium processing, USCIS takes adjudicative 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 some fiscal years, EB-1 categories have temporarily become unavailable when annual numerical limits were reached, delaying final approvals until new numbers were released. Visa availability varies by country of chargeability, so you should check the Department of State Visa Bulletin for current backlogs.

3. What are the EB-1A Visa Requirements? (How to Get an EB-1A Visa)

To get an EB-1A 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 EB-1A 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 EB-1A 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 EB-1A 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 EB-1A?

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 readily apply to your field of extraordinary ability, you may submit comparable evidence to demonstrate your eligibility for an EB-1A visa (note: comparable evidence is not permitted for the high-salary criterion).

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 (but evidence of prospective work in your field is required).

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 [8 U.S.C. § 1153(b)(1)(A)]. 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 EB-1A Visa Petition?

USCIS has a 2-step process when determining whether to approve of deny an EB-1A petition:

• Step-1: Evidentiary Threshold
• Step-2: Final Merits Determination

Step-1: Evidentiary Threshold

Step 1: Evidentiary Threshold—USCIS checks whether your evidence meets the plain language of at least three regulatory criteria (or a one-time major award). Step 2: Final Merits Determination—USCIS 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 three of the ten criteria, then your application is denied at Step 1.

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 EB-1A Visa?

The EB-1A 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. While no outcome is guaranteed, 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 EB-1A 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 EB-1A Visa?

The evidence that you submit in support of your EB-1A application is extremely important to get approved.

The exact documents that you need to provide to your immigration lawyer will depend on your accomplishments, publications, accolades, etc.

With that disclaimer, here is a list of general documents that you should expect to provide.

• 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, and letters alone are not sufficient without strong underlying documentation.

You should begin to think about who you can reach out to for letters of endorsement very early on in the planning of your EB-1A visa application.

How Much Does an EB-1A Visa Cost?

The government filing fees for the EB-1A visa are as follows:

• Form I-140 filing fee: $715 (plus Asylum Program Fee—generally $600 for most employers, $300 for small employers, and $0 for nonprofits and certain exempt entities; check uscis.gov for updates).
• Premium Processing (optional): $2,805 with a 15-calendar-day adjudicative action window for the I-140 only (check uscis.gov for the latest fee).
• Adjustment of Status (I-485): $1,440 (most applicants 14–78; includes biometrics; work/travel documents require separate fees; check uscis.gov for updates).
• Consular immigrant visa fee (DS-260): $325 (check travel.state.gov for the latest amount).
• USCIS Immigrant Fee (for card production): $235 (paid online after visa issuance or entry; check uscis.gov for updates).

These fees do not include legal fees, translation costs, or document preparation. Fees are subject to change, so check uscis.gov and travel.state.gov for the latest schedule. You should also budget for fees for dependent family members.

6. What’s the Difference Between EB-1A and EB1C?

While both EB-1A and EB1C are immigrant visas under the EB-1 category, they have very different eligibility criteria:

• EB-1A 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), EB-1A 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 EB-1A Visa?

Here’s a simplified step-by-step process:

1. Determine Eligibility: Ensure you meet the criteria for extraordinary ability.
2. Gather Evidence: Collect strong documentation to meet 3 of the 10 USCIS criteria or a one-time major award.
3. Prepare Form I-140 Petition: File with USCIS, including supporting evidence and optional premium processing. Premium processing applies only to I-140.
4. USCIS Review: USCIS makes a 2-part decision (threshold evidence + final merits).
5. 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.
6. Receive Green Card: Upon approval of your I-485 or consular interview, you receive your green card. In some cases, the total time from filing to green card can be roughly 6–18 months, but actual timelines vary significantly based on visa-bulletin availability, USCIS and consular backlogs, and the specifics of your case.

8. Conclusion

The EB-1A 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 EB-1A 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 EB-1A 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 for a consultation. I’m very responsive via email and would be happy to discuss your case. 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.

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
2. 2. 8 CFR § 204.5(h)(2)
3. 3. 8 CFR § 204.5(h)(3) 4
4. USCIS Policy Manual, Volume 6, Part F, Chapter 2 (EB-1 guidance).