Nest Legal
EB-1A Guide

EB-1A: Extraordinary Ability

Self-petition for a green card without employer sponsorship or labor certification

EB-1A at a Glance

Sponsorship Required

No (Self-petition)

Job Offer Required

No

PERM Labor Certification

No

Evidence Criteria

3 of 10

Processing Time

15 days (Premium) or 6-12 months

Priority Date

Usually Current

What is EB-1A?

EB-1A (Employment-Based First Preference, Category A) is for individuals with extraordinary ability in sciences, arts, education, business, or athletics. This category recognizes sustained national or international acclaim.

Unlike other employment-based categories, EB-1A allows you to self-petition without an employer sponsor or labor certification. You can apply from anywhere in the world and file immediately without waiting in line.

Who Qualifies?

Ideal Candidates

  • • Published researchers & academics
  • • Award-winning professionals
  • • Industry thought leaders
  • • Entrepreneurs with recognized ventures
  • • Artists with exhibitions/critical acclaim
  • • Athletes with major competition success

Not Ideal For

  • • Recent graduates (limited track record)
  • • Professionals without external validation
  • • Those preferring employer-sponsored path
  • • Individuals without 3 provable criteria

The 10 Criteria for Extraordinary Ability

1. Awards

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

2. Membership

Membership in associations that require outstanding achievements, as judged by recognized experts

3. Published Material About You

Published material about you in professional or major trade publications or major media

4. Judging

Participation as a judge of the work of others in your field (e.g., peer reviewer, conference panelist, grant reviewer)

5. Original Contributions

Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance

6. Scholarly Articles

Authorship of scholarly articles in professional journals or other major media in your field

7. Exhibitions/Showcases

Display of your work at artistic exhibitions or showcases

8. Leading/Critical Role

Performance in a leading or critical role for distinguished organizations or establishments

9. High Salary

Commanding a high salary or other significantly high remuneration relative to others in your field

10. Commercial Success

Evidence of commercial success in the performing arts (box office receipts, sales records, etc.)

Timeline & Process

1
Assess Eligibility (1-2 weeks)

Identify which 3+ criteria you meet and compile supporting evidence

2
Prepare Petition (1-3 months)

Gather documentation, expert letters, press coverage, awards, publications

3
File I-140 Petition

Submit to USCIS with all supporting evidence

4
USCIS Processing

Premium Processing: 15 business days (additional $2,805 fee)
Regular Processing: 6-12 months

5
I-485 or Consular Processing

After I-140 approval, file for adjustment of status (if in U.S.) or consular processing (if abroad)

EB-1A vs O-1A vs NIW

AspectEB-1AO-1ANIW
PurposePermanent residenceTemporary workPermanent residence
Self-PetitionYesNo (requires sponsor)Yes
StandardExtraordinary (3 of 10)Extraordinary (3 of 8)National interest (3-prong)
Job OfferNot requiredRequiredNot required
PERMNoNoWaived (Appendix A)
DurationPermanentUp to 3 years (renewable)Permanent

Pro Tip: Many O-1A holders transition to EB-1A after building additional evidence while working in the U.S. The criteria overlap significantly.