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What Is the EB-1 Visa?

The EB-1 is the first-preference employment-based green card category. People with extraordinary ability in the sciences, arts, education, business or athletics can apply for it directly, without a job offer or labor certification.

Who Can Apply?

The EB-1 category is divided into three subgroups: EB-1A (extraordinary ability: you can file on your own behalf as a self-petition, with no employer sponsorship or job offer required), EB-1B (outstanding professors and researchers: sponsorship from a university or institution is required) and EB-1C (multinational executives and managers). On this page I focus on the natural next step after the O-1, EB-1A . This category provides a green card directly and is not a temporary visa.

What USCIS Evaluates: The 10 Criteria of EB-1A

For an EB-1A petition, USCIS looks for at least 3 of the 10 criteria below. Once the criteria are met, USCIS makes a second assessment called the “final merits determination,” weighing as a whole whether you are at the very top of your field.

1
Awards: Nationally or internationally recognized awards or prestigious achievements
2
Membership: Membership in associations or organizations that require outstanding achievement of their members
3
Press Coverage: Published material about you in national or international press and media
4
Judging: Evaluating the work of others, individually or as a panel member
5
Original Contributions: Original contributions of major scientific, artistic or business significance to your field
6
Authorship: Authoring scholarly or academic articles in professional journals or major media
7
Artistic Exhibitions: Display of your work at artistic exhibitions or showcases
8
Critical Role: Serving in a critical or leading role for distinguished organizations
9
High Salary: Evidence of a high salary or other significant remuneration compared with others in your field
10
Commercial Success: Measurable commercial success in the performing arts, such as box office receipts or ticket sales

The Application Process, Step by Step

1

Building the Evidence Inventory

Map the awards, media coverage, memberships and income evidence in your career to the criteria they satisfy.

2

Building Visibility

Strengthen weaker evidence areas through media and content work.

3

Preparing the I-140 Petition

Working with your immigration attorney to prepare the immigrant petition and supporting documents.

4

Filing and Follow-Up

Submitting to USCIS, tracking your priority date and monitoring the case throughout the process.

Frequently Asked Questions

Does EB-1A require employer sponsorship?

No. EB-1A can be filed on your own behalf (self-petition); no job offer or employer sponsorship is required.

What is the difference between EB-1 and O-1?

The O-1 is a temporary work visa that is renewed for set periods; the EB-1 provides permanent residence (a green card) directly.

Other Visa TypesO-1 →EB-2 NIW →All Visas →

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