EB-1A Visa Complete Guide

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EB-1A Visa Overview: Employment-Based First Preference Extraordinary Ability Category Explained

The Employment-Based First Preference Extraordinary Ability (EB-1A) visa is an immigration pathway for individuals with extraordinary ability in science, art, education, business, or athletics.

To demonstrate this extraordinary ability, petitioners must have sustained national or international acclaim and their achievements must have been recognized in the field through documentation, they must intend to enter the United States to continue to work in the area of extraordinary ability, and their entry into the United States must substantially benefit the United States in the future. Proving that the individual has sustained national or international acclaim and that their achievements have been recognized in their field of expertise is the most complex aspect of the process, as the analysis has two steps – the first of which involves 10 criteria that are outlined by the U.S. Citizenship and Immigration Services (USCIS) in detail.  

The EB-1A visa category provides clear advantages for highly skilled individuals with advanced degrees. There is no job offer or labor certification requirement, and the EB-1A is a direct path to a green card. In terms of employment, it is only necessary to prove intent to continue working in the field of extraordinary ability, and to show that the petitioner’s work will substantially benefit the United States in the future. For the typical petitioner, they naturally fulfill these requirements by simply intending to continue their career in the manner they have previously done, just as a permanent resident in the United States. 

EB-1A Eligibility Criteria

To be eligible for an EB-1A visa, petitioners must have extraordinary ability in their field. They must have received national or international recognition with accompanying documentation of their accomplishments being recognized in their field of expertise, and must intend to continue their work in the U.S. in their area of extraordinary ability. Furthermore, their presence in the U.S. must substantially benefit the country. 

We will focus on the first requirement as it is the most important and is often complicated to prove. While reviewing evidence provided for this step, officers will focus on the quality and strength of the evidence for each criterion, and once at least three have been met, they will move on to the second step, final merits determination 

As proof of their extraordinary ability, petitioners must provide evidence of a widely recognized achievement, such as an Academy Award, Pulitzer Prize, or Nobel Prize. It is important to note that most petitioners for EB-1A do not have such an achievement and it is not expected. Instead, most petitioners must, as an alternative, satisfy at least three of the 10 following criteria: 

Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor

Examples include, but are not limited to, certain doctoral dissertation awards, awards for presenting at nationally or internationally recognized conferences, or awards from well-known institutions or professional associations in the field of extraordinary ability.

The USCIS reviews awards to ensure that the basis for granting the prize or award was in fact excellence in the field. Certain factors play a part in their analysis, such as the criteria by which the award was granted, the significance of the award for the field, and details concerning the pool of competitors for the award or prize. 

Membership in associations in the field which demand outstanding achievement of their members as judged by recognized national or international experts in their disciplines or fields 

This includes, but is not limited to, memberships in professional associations in the field of extraordinary ability, fellowships with certain organizations or institutions, and other certain memberships. 

The USCIS will review memberships to ensure that they meet these requirements, paying close attention to the specific requirements to become a member of the association, the level of the membership, and whether the membership was granted by a panel of accomplished experts judging the petitioner to have the necessary achievements in their field.  

Published material about the individual in professional or major trade publications or other major media relating to the person’s work in the field for which classification is sought 

Such evidence must include the title, date, and author of the material, and any necessary translation. Examples include newspaper articles, academic journal articles, books, online professional or major publications, and transcripts of professional or major audio or video coverage of the person and their work. 

There are numerous considerations that the USCIS will take into account when reviewing this evidence, centering around the specific nature of the presented material as well as that of the publication itself.  

The individual’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought 

Examples include, but are not limited to, performing peer review for a scholarly journal, peer review of abstracts or papers for presentations at scholarly conferences in the field, or peer review for government research programs. 

In order to meet the plain language of this criterion, it is important to show that the review was actually completed. An invitation to judge the work of others in the same or allied field of specialization alone is not sufficient evidence. Evidence of invitation and proof of completion varies by type of review, and letters are often accepted to verify completion for one or more reviews as needed. 

The individual’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field 

Examples include published materials about the significance of the individual’s work, testimonials and letters about the person’s work, documentation that the individual’s work was cited at a level of major significance for the field (for researchers), significant commercial use of the individual’s work, or patents or licenses derived from the individual’s work. 

This criterion involves two steps – first, whether the person has made original contributions to the field, and second, whether they are of major significance. The original contributions of major significance criterion is one of the most open-ended criteria in terms of appropriate evidence for the EB-1A classification, and successful claims often involve a combination of several types of evidence, carefully chosen to highlight the major significance of the contributions in question. 

The individual’s authorship of scholarly articles in professional or major trade publications or other major media  

Examples include publications in field-relevant peer-reviewed professional or academic journals and published conference presentations that were presented at nationally or internationally recognized conferences. 

This criterion also has two steps. First, the USCIS must determine whether the individual has authored the scholarly articles in the field, focusing on the fact that it must be a scholarly article, either by the academic definition, or that it should be “written for learned persons in that field.” Second, the USCIS determines whether the publication is in fact a professional publication, a major trade publication, or a major media publication through examining several factors such as circulation and readership. 

Evidence that the individual’s work has been displayed at artistic exhibitions or showcases 

Examples include museum displays, fashion shows, live performances, film festivals, and many other types of artistic performances and showcases. 

Again, this criterion has two steps involved. First, the USCIS determines if the work displayed is the individual’s work product. They then examine whether the venues where the individual’s work was displayed were in fact artistic exhibitions or showcases, relying upon the dictionary definition and making clear that the plain language needs the exhibitions or showcases to be artistic in nature. 

The individual has performed in a leading or critical role for organizations or establishments that have a distinguished reputation 

Some example roles include being a member of a key committee within a distinguished organization, a founder or co-founder of a startup business with a distinguished reputation, or a senior researcher or faculty member for a distinguished academic program, department, or company. Another example is holding a leading or critical role for a distinguished organization or a notable department within a company or institution, accompanied by a description from the director or other senior leadership of the organization or division. 

The analysis of this criterion also has two steps. First, the USCIS determines whether the role was in fact a leading or critical role. For leading roles, the officer will review the evidence to see if it establishes a leadership role within the organization, while for a critical role, the officer will review the evidence to see if it demonstrates that the individual contributed in such a manner that was of significant importance to the organization or its activities. Second, the USCIS determines whether the organization or institution has a distinguished reputation, requiring evidence to demonstrate the reputation. 

The person has commanded a high salary, or other significantly high remuneration for services, in relation to others in the field  

For this criterion, the USCIS requires evidence such as pay statements, tax returns, contracts, job offers, and objective comparative wage data that demonstrates that the individual either currently or has in the past earned a high salary compared to others in the field. The USCIS has several considerations regarding the data provided, such as the occupation itself, the reliability of the objective data, the location and currency of the individual for the salary earned, and the salary rate being measured. The USCIS does not provide clear guidance on what constitutes a “high salary,” so a combination of several types of evidence may be useful to successfully claim this criterion. 

Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales 

For this criterion, it is not enough that the individual has merely released musical compilations, or that they have performed in a movie, on television, or in theatre productions. The individual must also have had such volume of sales or other commercial success to demonstrate that they have been successful relative to others engaged in the same field of performing arts. 

For more details on each of these criteria, check out our in-depth look into EB-1A eligibility criteria. Many of the criteria for EB-1A are more open-ended than upon first glance, and evidence that may at first seem unrelated or insignificant can ultimately prove to be highly relevant and valuable in supporting an EB-1A petition. 

In cases where the 10 listed criteria do not apply to the petitioner’s occupation, comparable evidence may be submitted to fulfill the requirement of meeting at least three criteria. When evaluating comparable evidence, the USCIS will consider whether or not the regulatory criteria are easily applicable to a person’s occupation, and, if not, whether the evidence presented is truly comparable to the specified criterion. When using comparable evidence, the petition must include a specific explanation as to why a particular criterion does not apply to the beneficiary. While there can be many options to present comparable evidence, it is important to note that comparable evidence is evaluated by the officer on a case-by-case basis to substitute for a criterion. There is no comparable evidence for the one-time widely recognized achievement. 

For additional insights into EB-1A eligibility criteria, watch our video in which Colombo & Hurd immigration attorneys Carlos Colombo and Roshn Vazhel break down the major EB-1A policy changes announced by USCIS for 2025, which ease the criteria for EB-1A green cards.  

With these changes, USCIS will now consider expanded criteria, including team achievements for the awards criterion, past memberships in prestigious associations, and simplified requirements for media coverage evidence. The updates also provide clarification on the artistic exhibitions criterion. Our expert EB-1A attorneys explain the potential impact of these changes on EB-1A applications and processing. 

Final Merits Determination

Kazarian v. USCIS is the precedent case for EB-1A adjudication. This case established the two-part adjudication approach under which the USCIS officer must first determine if the petitioner has satisfied at least three of the 10 criteria (or has evidence of a one-time achievement) and therefore meets the regulatory criteria, and then makes a final merits determination.  

Final merits determination is the second step of the adjudication process, in which the USCIS officer considers the petition in its entirety to determine eligibility. The adjudicating officer uses the “preponderance of the evidence” standard to determine if the petitioner has risen to the very top of their field of endeavor – meaning, they determine if it is “probably true” or “more likely than not” that the person is at the top of their field. 

When making their final merits determination, USCIS officers cannot limit their consideration to certain types of evidence that they personally may expect to receive and that they expect petitioners for the EB-1A category to provide. For example, an officer may expect a person with extraordinary ability to have authored scholarly articles. However, if the petitioner has submitted other evidence to meet three different qualifying criteria, the lack of evidence addressing an expected criteria cannot form the basis of the denial of the petition – adjudications of petitions are based on the type and quality of the evidence submitted as a whole, rather than any individual officer’s assumptions about the failure to include evidence for a preferred criterion.  

Still, USCIS applies a high bar when it comes to their final merits determination. They will consider all relevant evidence submitted with the petition, including evidence that did not fit the regulatory criteria or was not presented as comparable evidence, to determine if the petitioner is among the small percentage at the top of the field and has sustained national or international acclaim. All evidence will be reviewed together in totality, allowing individual pieces of evidence that may not be compelling on their own to gain persuasive power when viewed in conjunction with other evidence presented in support of the petition. This approach provides the officer with greater discretion compared to the first step of the EB-1A extraordinary ability analysis.  

The quality of the submitted evidence also significantly impacts the approval or denial of a petition. For example, certain criterion such as “scholarly articles’ may be easy to prove by plain language and granted by the officer for the first step of the analysis as the criterion does not specify a number of published articles necessary or require that they be in highly ranked publications. However, at the final merits determination stage, the quality, number, ranking, and presentation of the articles and their respective publication venues will be considered, alongside all evidence provided as part of the petition. The final merits determination is accordingly a careful analysis by the officer and allows for considerably more discretion on how they value each piece of evidence when compared to the first step. The officer must come to the conclusion that the totality of the evidence demonstrates that the petitioner is among the small percentage at the top of the field and has sustained national or international acclaim and is thus extraordinary for the purposes of the EB-1A analysis. 

To successfully meet USCIS’s high bar for EB-1A approval, petitioners must submit clear and concise explanations of how each piece of evidence meets the relevant criteria, provide quality evidence that demonstrates sustained national or international acclaim, and highlight achievements and qualifications that set one apart from others in the field. Finally, petitioners must make sure to paint a cohesive and comprehensive picture for the final merits determination by the officer.

EB-1A vs. Other Categories: Understanding the Differences and Choosing the Right Category

Choosing to pursue an EB-1A visa requires careful consideration. For individuals with exceptional abilities, advanced degrees, or outstanding achievements, several visa options are available. The EB-1A, EB-1B, EB-2, and O-1 visa categories are viable options for highly skilled individuals to live and work in the United States. The following chart compares the eligibility criteria, requirements, and self-petitioning options for each of these visa categories: 

Visa Category	Eligibility Criteria	Requirements	Self-Petitioning Allowed	Path to Permanent Residency
EB-1A	Extraordinary ability in sciences, arts, education, business, or athletics	No labor certification required; must have received a major internationally recognized award or meet 3 of 10 regulatory criteria	Yes	Direct path to permanent residency; eligible to file I-140 and I-485 concurrently
EB-1B	Outstanding professors and researchers	Must have international recognition; at least 3 years of experience; and a tenure-track position or equivalent	No	Direct path to permanent residency; eligible to file I-140 and I-485 concurrently
EB-2	Advanced degree holders or exceptional ability	Must have an advanced degree; or exceptional ability in sciences, arts, or business; labor certification required	No	Path to permanent residency available after labor certification and I-140 approval; eligible to file I-485 after I-140 approval
EB-2 NIW	Advanced degree holders or exceptional ability seeking a national interest waiver (NIW)	Must demonstrate that their work is in the national interest; labor certification requirement waived	Yes	Direct path to permanent residency; eligible to file I-140 and I-485 concurrently
O-1	Extraordinary ability in sciences, arts, education, business, or athletics	Must have achieved national or international recognition; must meet 3 of 6 (for O-1B) or 3 of 8 (for O-1A) regulatory criteria	No; separate legal entities owned by the beneficiary can file on their behalf	No direct path to permanent residency; must file a separate I-140 petition under an employment-based category (e.g. EB-1A, EB-1B, EB-2) to pursue permanent residency

You may notice that the requirements for O-1 and EB-1A are quite similar. Because the O-1 is a temporary, non-immigrant visa, while EB-1A is a direct path to permanent residency, individuals may choose to use the EB-1A pathway to transition from an O-1 visa to a green card. Although the requirements are similar, you do not automatically qualify for an EB-1A if you have an O-1 visa. The EB-1A has significantly higher standards in practice overall, despite having similar language for many of the requirements. However, the prior approval of an O-1 petition can be a good indicator of eligibility for EB-1A. 

Selecting the right visa category is a crucial step in the immigration process. You should carefully consider your background, your employment plans and short-term and long-term career goals, and your need for permanent residency to choose the right visa category for your situation. Notably, the EB-1A category has historically been current or near-current for many countries, making it one of the most viable options for obtaining a green card in a relatively short period. In fact, for many individuals, EB-1A may be the only realistic option for securing a green card anytime soon, given the significant backlogs in other employment-based categories like EB-2. 

Our EB-1A visa lawyers offer expert immigration guidance for individuals and organizations seeking to obtain visas. For a free evaluation of your EB-1A visa eligibility, consult the experienced immigration professionals at Colombo & Hurd.  

Navigating the EB-1A Visa Application Process

Before beginning the EB-1A visa process, review the visa requirements, ensure that you potentially meet eligibility criteria, and consult an EB-1A immigration attorney. 

To apply for an EB-1A, the petitioner files Form I-140, Immigrant Petition for Alien Worker, with USCIS, along with the evidence showing they have extraordinary ability in their field, they intend to continue their work in the U.S. in their area of extraordinary ability, and their presence in the U.S. will substantially benefit the country. 

The EB-1A visa classification is unique among visa categories under EB-1, as only EB-1A allows self-petitioning. Because the EB-1A petition does not need to be supported by a job offer, it can be filed by the beneficiary, in this case, the petitioner themselves. You may apply for yourself by filing Form I-140. Premium processing is also available for EB-1A petitions – with premium processing, your petition’s processing time will be shortened to 15 calendar days. After those 15 calendar days, the USCIS will either approve the petition or issue a Request for Evidence (RFE).  

Once the I-140 petition is filed, petitioners must wait for it to be reviewed and approved by USCIS. In some cases, such as when a visa number is immediately available, you may be able to concurrently file Form I-485, Application to Register Permanent Residence or Adjust Status, with Form I-140. Otherwise, after I-140 approval, petitioners apply for a green card with either an Adjustment of Status (if they are currently in the United States) via filing Form I-485, or Consular Processing (if they are abroad).  

If approved, you’ll receive an EB-1A green card and become a permanent resident of the United States. 

Avoiding Common Challenges in the EB-1A Visa Application Process

USCIS adheres to high standards when adjudicating EB-1A visa petitions. The EB-1A category is very competitive, but by being aware of common challenges and taking steps to address them, petitioners can increase their chances of a successful EB-1A visa application. 

Common obstacles can arise at any point during the EB-1A visa application process.  

First, you need to ensure that your petition meets at least three regulatory criteria, and that the evidence in totality will pass the final merits determination. Meeting the plain language requirements of three criteria is just the first step; the USCIS officer will also assess the overall strength of the evidence to determine whether it warrants approval. Many petitioners successfully demonstrate that they meet individual criteria, but ultimately fall short in the final merits determination. This is because the USCIS officer has significant discretion in evaluating the petition, considering the evidence as a whole to determine whether it presents a compelling case for approval. A well-crafted, explanatory petition is essential to successfully navigate this subjective evaluation process. 

Common challenges also occur at the individual criterion level.  

For instance, to meet the “membership” criterion, petitioners need to ensure that not only is the membership valid, but that the membership itself required outstanding achievement and that the membership was only granted after the judgment of national or international experts. If that is not sufficiently proven, or if the membership itself does not meet the various considerations outlined by the USCIS, it can result in the USCIS not considering the criterion met.  

Another common challenge is regarding the “judge of work of others” criterion – the USCIS requires that not only should the evidence show that a person was invited to judge, but also that the person actually completed the judging. With insufficient or absent evidence to this regard, the USCIS will consider the plain-language definition for this criterion to not be met. Often, the USCIS will challenge whether each part of a criterion has been successfully fulfilled if the required evidence is absent or not high quality. 

Common challenges can also occur even before filing.  

While the EB-1A criteria may seem limited at first, it is actually broader than at first glance. For instance, petitioners may fail to include relevant and pertinent evidence such as media coverage that could have allowed them to claim the “published material” coverage criterion or bolster their final merits determination analysis. Similarly, petitioners may not think that their experience substantiates a “leading or critical role for a distinguished organization or institution” criterion and fail to claim that criterion, or, if they are aware of it, fail to provide the necessary letters from relevant individuals to make the claim successfully.  

The presentation and discussion of evidence also play a crucial role in a successful petition. For example, a research-based petitioner who fails to emphasize the significance of their citation record in demonstrating original contributions of major significance may leave their petition vulnerable to challenge. It is essential for petitioners to not only present relevant evidence but also to clearly explain its value and significance, as the USCIS officer will not automatically recognize the strength of the evidence. Rather, the petitioner must proactively highlight the importance of each piece of evidence and demonstrate how it supports their claims, providing a clear and compelling narrative that showcases their qualifications and achievements. 

Lastly, petitioners can claim too many or too little criteria. There is a delicate balance on a case-by-case basis as to the criteria to be claimed and the evidence to be presented. Attempting to claim criteria that are not well-supported by evidence can weaken an EB-1A petition, while seeking to claim only the minimum three criteria, without ensuring that the selected criteria in combination would pass final merits determination for a reasonable officer, can also cause challenges. Thus, careful evidence collection, analysis, and selection is essential to a successful EB-1A petition. 

Our team at Colombo & Hurd can help you prepare a strong petition by providing guidance on collecting and organizing evidence and presenting a clear and concise narrative that highlights your achievements and qualifications.