The EB-1A is ideal for individuals with extraordinary ability in the sciences, arts, business, education or athletics. With the EB-1A, you do not need a job offer from a U.S. company to obtain a green card. In addition, because the EB-1A supports Premium Processing, USCIS will complete the I-140 phase within 15 days, significantly reducing the wait time.

[___Overview of contents]

1. What is EB1A?
2. Advantages of EB-1A
3. EB-1A Petition Requirements (How to Apply)
4. How does USCIS approve EB-1A?
5. EB-1A Required Documents

I. What is EB-1A?

The EB-1A is an immigrant visa designed for persons of exceptional ability in a particular field of study and is available to foreign nationals who have demonstrated extraordinary ability in the fields of science, the arts, business, education, or athletics.

1. Conditions of application:

• Demonstrate exceptional competence in your field.
• Will continue to work in this field after coming to the U.S.

* Definition of extraordinary ability*

You must be an elite minority at the top of the field ("a small percentage who have risen to the very top of the field"). This can be demonstrated in the following ways:

• Received major industry awards
• Salary significantly higher than peers
• Other criteria to be elaborated later

2. Visa characteristics:

• Immigrant Visa: green card upon approval (including spouse and unmarried children under 21 years of age)
• Self-applicable: no employer sponsorship required 

3. Core elements:

• EB-1A for Top Talent in Science, Arts, Business, Education, or Sports
• Demonstration of sustained national or international reputation is required.
• You must continue to work in your field after coming to the U.S.

II. Advantages of EB-1A

1. No employer sponsorship required

While most professional immigrant visas require an offer from a U.S. employer and Labor Certification, the EB-1A allows for self-petitioning without employer support.

2. Direct access to green cards

It is an immigrant visa that grants permanent residency upon approval, and the spouse and minor children may accompany the applicant.

III. EB-1A Petition Requirements

The following three core conditions need to be met:

• Proof of extraordinary ability
• Continuing to work in the same field after coming to the U.S.
• Demonstrate that you will bring substantial benefits to the United States

How do you prove extraordinary ability?

"Extraordinary ability" means that you are among the elite few at the top of your field.Mode of proof (either one or the other)::

• Significant one-time achievements (e.g., top international awards such as Nobel Prizes, Oscars, Grammys, etc.)
• Meet at least 3 of the 10 criteria (below):

1. National or international awards (not top awards but with industry recognition)
2. Join trade associations that require outstanding achievement as a criterion for membership
3. Coverage of your work in the specialized or mainstream media
4. Serve as a peer reviewer of work (e.g., journal reviewer, competition judge, etc.)
5. Original and significant contributions in the field
6. Publication of specialized academic articles (in refereed journals or media)
7. Participation of works in art exhibitions or displays
8. Leadership or key roles in reputable organizations
9. Salary or compensation significantly higher than peers
10. Commercial success in the performing arts (e.g., box office, record sales, etc.)

* :: Cautions::

• If a criterion does not apply to your field (e.g., a chef cannot provide proof of "commercial success in the performing arts"), submit equivalent evidence (e.g., best-seller record for a cookbook).
• Written justification for substitution required

How do I prove that I continue to work after coming to the U.S.?

Either of the following may be provided:

• Letters of Intent from Potential U.S. Employers
• Cooperation contracts with United States companies
• Personal statement (detailing plans to work in the U.S.)

*Note: No mandatory job offer

How can it be demonstrated that there will be substantial benefits for the United States?

A written statement is usually all that is required, "Based on the fact that you will continue to work in the United States in a field of extraordinary ability, your arrival will be of substantial benefit to the United States."

IV. USCIS Approval Process

adoptionTwo-step assessment method::

Step 1: Evidentiary threshold review

• Check that at least 3 criteria are met
• Evaluating only the amount of evidence, not whether it is "top talent" or not

Step 2: Comprehensive substantive review

• Assessing the quality and impact of all evidence
• Final determination of whether you are a top talent who has "sustained a national/international reputation".

Common Misconceptions:Meeting 3 criteria does not mean automatic approval! USCIS will determine if you are at the "top of your field".

V. List of materials required

Base materials include::

• Personal history (CV)
• Photocopy of passport (including family members)
• Documents proving extraordinary ability (awards, proof of high salary, publications, records of works exhibited, etc.)
• Letters of recommendation from industry experts (need to emphasize the impact of your accomplishments)
• Proof of plans to work in the U.S. (e.g., contract, letter of intent, or personal statement)

Letter of Recommendation Notes:

• Needs to come from an authority in the field
• Should focus on how your contribution will advance the industry
• It is advisable to contact references as early as possible