The EB-1A Green Card Category

The idea is simple: these people rank among the top experts in their field, and thanks to their remarkable achievements and the "sustained national or international acclaim" those achievements have earned them, they can apply for permanent residence. 

In other words: this category needs no employer. You are welcome in the US on the strength of your own extraordinary ability and sustained acclaim.

That is why clients of Mount Bonnell Advisors who have the standing to qualify for the EB1 green card usually apply in the EB-1A category.

1EB-1A at a glance

• An EB-1A petition requires no job offer, no employer sponsorship and no labor certification ("Labor Certification" / "PERM": an official confirmation that no US applicants are available for an advertised position). Form I-140 can be filed by the applicant or by their employer.

• The EB-1 category sets strict requirements, yet it is still the best option for people who want to apply for permanent residence without an employer's backing and can show outstanding achievements in an academic field.
• You must prove that the applicant is "one of that small percentage who have risen to the very top of the field", for example through publications in respected scientific journals, published papers and articles, or repeated service on panels that judge the work of others.
• If you apply in this extraordinary ability category, you must be able to prove that you truly are extraordinary and that your knowledge, talent and skills are outstanding.
• An artist or athlete can prove extraordinary ability by comparing themselves with others in their field to show what sets them apart. Being named "Most Valuable Player" in a country, for example, can demonstrate exceptional talent.

2Advantages of EB-1A

Unlike other preference categories, EB-1A lets foreign nationals take the initiative and file on their own, so there is no need to find a US employer. The applicant only has to show that they intend to keep working in their field after entering the US. On top of that, no hard-to-obtain labor certification is required, which saves a great deal of time and energy.

This brings the following advantages:

1. Obtaining a labor certification takes a long time, and skipping it makes EB-1A much faster than other immigration categories.
2. Employers who are hesitant to sponsor a foreign employee's green card often advise applicants in financially difficult situations to apply under EB-1A, avoiding the labor certification process and the cost of funding the petition.
3. Applicants without a permanent position or job offer, including F1 students, H-1B postdoctoral researchers, H-1B and L1 researchers or consultants, and J1 visiting scholars, can apply for EB-1A on their own, with no employer support needed.
4. EB-1A applicants enjoy more freedom in their employment, because no labor certification conditions have to be met, for example around:
1. Leaving your current job
2. Losing your job
3. A change in job description or title
4. A change of work location
5. Losing your job because your employer goes bankrupt
6. Changing or losing your job because of a merger
5. An EB-1A petition does not require you to meet labor certification criteria or tie yourself to your current employer, because this green card process is independent of any employer.

3Are you an "Alien of Extraordinary Ability"?

To qualify for an EB-1A green card, the applicant must show that they (1) enjoy sustained national or international acclaim, (2) intend to keep working in their area of expertise after entering the United States, and (3) will benefit the United States.

3.1The requirements of EB-1 Extraordinary Ability

"Extraordinary ability" is defined 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". Extensive documentation is expected to prove it.

The EB-1 petition requires the applicant to show recognition and sustained national or international acclaim, and that their achievements in the field have been recognized, for example through:

1. a one-time major, internationally recognized award (such as the Nobel Prize)
2. meeting three of the ten criteria listed below:

1. Evidence that the applicant has received lesser nationally or internationally recognized prizes or awards for excellence in their field.
2. Evidence of membership in associations in the field that require outstanding achievements of their members, as judged by national or international experts.
3. Published material about the applicant in professional journals or other major media, relating to their work in the field. This evidence must include the title, date and author of the material, plus any necessary translations.
4. Evidence that the applicant has served, individually or on a panel, as a judge of the work of others in the same or a related field.
5. Evidence of original scientific, scholarly, artistic, athletic or business contributions of major significance in the field.
6. Evidence of authorship of scholarly articles in professional journals or other major media.
7. Evidence that the applicant's work has been displayed at artistic exhibitions or showcases.
8. Evidence that the applicant has performed in a leading or critical role for organizations or establishments with a distinguished reputation.
9. Evidence that the applicant has commanded a high salary or other significantly high remuneration for their work compared with others in the field.
10. Evidence of commercial success in the performing arts, shown by box office receipts or sales of records, cassettes, CDs or videos.

If the criteria above do not readily apply to the applicant's occupation, they may submit "comparable evidence" to establish their eligibility for EB-1.

3.2Requirements for your field of work

A key requirement for EB-1 is that the applicant will continue working in their field after entering the US. This can be shown with various documents:

• Letters from current or prospective employers
• Documents such as contracts, agreements or letters of appointment showing specific commitments
• A detailed statement of how you plan to continue working in your field in the US

3.3"Sustained" national or international acclaim for EB1 Extraordinary Ability

For EB-1, the applicant must show "sustained" national or international acclaim. The point is that recognition at some time in the past is not enough. You are expected to keep using and building on your skills and expertise.

USCIS decides whether you truly have "sustained" national or international acclaim by looking at whether that acclaim has been maintained.

A one-time major award such as a Nobel Prize is also enough to show that the applicant has reached the top of their field. Sustained national or international acclaim can equally be proven by meeting three of the ten criteria above.

4How USCIS evaluates EB-1A petitions

The EB-1 process for permanent residence involves two filings:

1. The first is the Form I-140 petition for the immigrant visa. It can be filed by a US employer or by the individual themselves, as in the EB-1 Extraordinary Ability category (also called EB1-EA or EB-1A).
2. The second is the Form I-485 application to adjust status.

United States Citizenship and Immigration Services (USCIS) uses a two-step process to determine eligibility. First, USCIS checks whether the person has received a major, internationally recognized award or meets at least three of the ten criteria above. Then it evaluates the petition as a whole to decide whether the applicant has shown that they (1) have earned and maintained national or international acclaim and (2) belong to the small percentage who excel in their field with "extraordinary ability".

Together with the US immigration attorneys it works with, Mount Bonnell Advisors has developed a proven, reliable approach to the EB-1A criteria: one that aims to meet more than three of the ten required criteria. This not only raises our clients' chances of success, it also lowers the likelihood of receiving a Request for Evidence (RFE) from USCIS.

5Filing for EB-1A and EB-2 NIW at the same time

No law prevents you from applying for several immigrant visas at once. The requirements for EB-1 Extraordinary Ability and the EB-2 National Interest Waiver petition (NIW) differ, but to improve your chances you can, for example, file an EB-1A and an NIW petition, or an EB-1A and an EB-1B petition, at the same time.

You can file an EB-1A and an NIW petition at the same time, or have your employer file a separate Form I-140 for each. Make sure you include the correct fee and supporting documents with each one, and don't tick more than one category on a single Form I-140.

6EB-2 National Interest Waiver as an option alongside EB-1A or EB-1B

The EB-2 National Interest Waiver (NIW) category is worth considering if there is doubt that the applicant qualifies for EB-1 Alien of Extraordinary Ability (EB-1A). EB-1 Outstanding Researcher or Professor (EB-1B) can also be an alternative.

The EB-1A category sets a higher bar: applicants must have "risen to the very top of their field". That is why many applicants whose academic achievements fall short of EB-1A choose the EB-1B Outstanding Professor or Researcher category and the EB-2 National Interest Waiver instead.

The requirements for EB-1B and NIW are somewhat lower than for EB-1A. EB-1B only requires being "internationally recognized as outstanding" and NIW requires "exceptional ability", not being "at the top of the field" as EB-1A does. Overall, approval rates for EB-1B and NIW petitions are higher than for EB-1A.

For how long the process takes, see typical processing times; for concrete advice on your petition, read our EB-1A tips & hacks and the overview of EB-1 classifications. You'll find every page on this category in our EB-1A green card hub.

In short

• For the EB-1A you need no job offer, no employer and no labor certification; you can file Form I-140 yourself.
• You must show that you belong to the small percentage at the very top of your field: with a major award or by meeting three of ten criteria.
• USCIS reviews in two steps: first the criteria, then the petition as a whole.
• You can file EB-1A and EB-2 NIW in parallel, each with its own Form I-140; the bar is lower for EB-1B and NIW.

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