Do I need an employer or a job offer for EB-1A?

EB-1A permits self-petition — you can file Form I-140 for yourself without an employer or a job offer. No employer or job offer required — you may self-petition. However, it is important to be able to prove that you will continue to work in your field of extraordinary ability and that you will benefit the United States. So, in practice, it is helpful to have a prospective job or other proof of demand for your services in the United States.

How do I qualify for EB-1A extraordinary ability?

You qualify by showing sustained national or international acclaim through either a one-time major internationally recognized award in your field, or by meeting at least three of ten regulatory criteria — for example, lesser nationally/internationally recognized awards, membership in associations requiring outstanding achievement, published material about you, judging the work of others, original contributions of major significance, authorship of scholarly articles, display of your work at exhibitions, leading or critical roles for distinguished organizations, high remuneration, or commercial success in the performing arts. USCIS then applies a final /on the totality/ merits assessment.

How is EB-1A different from an O-1A visa?

O-1A is a temporary nonimmigrant work visa; EB-1A is a path to a green card (permanent residence). The evidentiary standards look similar but EB-1A is generally more demanding, and an O-1A approval does not guarantee EB-1A eligibility. Many clients obtain O-1A status before pursuing EB-1A.

Can my spouse and children get green cards too?

Yes. Your spouse and unmarried children under 21 can be included as derivative applicants and obtain green cards based on your approved EB-1 petition. Under the Child Status Protection Act, a child’s age for this purpose is their age when a visa number becomes available, reduced by the time the I-140 was pending, and the child must generally apply for the green card within one year of that date — so a child who turns 21 during the process can often still qualify, but the timing needs to be tracked closely.

How long does EB-1A take?

There are two clocks. The first is USCIS adjudication of the I-140 petition, which can be shortened to 15 business days with premium processing. The second is visa availability: you can complete the green card only once your priority date is current under the Department of State Visa Bulletin, which for EB-1 has generally been current for most countries but has retrogressed for applicants born in India and mainland China. When a visa number is available you file Form I-485 to adjust status — sometimes concurrently with the I-140 — and that application typically takes several additional months, or you complete the process at a consulate abroad.

What is the Priority Date?

Your /priority date/ (the date the petition is filed) determines your place in line for the green card, and you can obtain the green card only when your priority date is current under the Department of State Visa Bulletin for your classification (EB-2) and your country of birth.

Consular Processing vs. Adjustment of Status

Adjustment of status (Form I-485) is available if you are in the United States and a visa number is available. You remain in the U.S. while it is pending, you can apply for a work permit (EAD) and advance parole, and you receive the green card without leaving the country — but processing is often slower, and travel or a job change while it is pending needs care. Consular processing means the approved petition goes to the National Visa Center and you attend an immigrant visa interview at a U.S. consulate abroad, becoming a permanent resident when you are admitted. You must be outside the United States for the interview and it does not provide interim work authorization. The right choice usually turns on where you are, how much you need to travel, and whether you are holding a nonimmigrant status in the meantime.

EB-1A — Employment-Based First Preference (Extraordinary Ability)

This is the best place to prepare for your initial consultation with our attorneys. Here, you can learn more about the requirements and considerations for obtaining a specific type of visa, as well as find answers to the most frequently asked general questions.

EB-1A

Basics

EB-1A is the employment-based first-preference green-card category for individuals of extraordinary ability

Answers to Frequently Asked Questions About This Visa Type

This list of questions will help you prepare for your consultation with an attorney

Ready to Get Started?

Schedule your consultation today, or reach out with any questions — we respond promptly.

Schedule a Consultation Contact Us

This website is for general information purposes only, and is not intended to serve as a source of legal advice. Neither receipt of information presented on this site nor any email or other electronic communication sent to our firm through this site will create an attorney-client relationship. You should consult with an attorney about your specific situation. Prior results do not guarantee a similar outcome.