United States EB-1A Visa

Successful applicants obtain lawful permanent resident status, a green card, in the USA for themselves and their family, meaning a spouse and children under 21, with a pathway to U.S. citizenship.

A job offer is only required for the last two categories, EB-1B and EB-1C, and is not required for EB-1A. Even so, an EB-1A applicant must show they are obtaining the employment-based visa in order to work in their field of expertise while in the U.S.

Yes. The EB-1A requires no U.S. job offer and no labor certification, so you can self-petition and apply yourself without a company sponsoring you.

The applicant must demonstrate extraordinary ability in the sciences, arts, education, business, or athletics, evidenced by sustained national or international recognition and full documentation of achievement. They must intend to continue working in their field of extraordinary ability in the United States, and their entry must substantially benefit the country.

It means a level of expertise showing that the individual is among the very top of their field.

No, there is no language requirement.

You must provide either proof of a major internationally recognized award or a one-time achievement, or meet at least three of ten criteria. These reflect sustained national or international recognition and can include lesser recognized prizes or awards, membership in associations requiring outstanding achievement, published material about you in professional or major media, an invitation to judge the work of others, original contributions of major significance, authorship of scholarly articles, work displayed at exhibitions, a leading or critical role in distinguished organizations, command of a high salary, or commercial success in the performing arts.

Examples include the Nobel Prize, Oscar, Pulitzer Prize, Grammy, Academy Award, and Olympic Medal, which are widely recognized, even by the public, as the highest honors in their fields.

It is a lower standard than a major award, and the applicant must submit substantial evidence that the prize is recognized. USCIS has ruled that academic scholarships or grants do not suffice, that being listed in Marquis Who's Who in America is not a prize, that the award's selection criteria and candidate pool must be described, that a team award is worth less than an individual one, and that local awards do not suffice.

A U.S. job offer is not required. The regulations only require evidence that you are coming to the United States to continue working in your area of expertise, which can include letters from current or prospective employers, employment contracts, or a detailed statement of your plan and commitment to work in your field in the U.S.

No, you do not need to travel or reside in the USA during your EB-1A application process.

It takes between 6 and 12 months, or within 15 days with premium processing for an additional fee.

No. The applicant is eligible for an adjustment of status within the U.S. and does not need to return to their country of origin.

Yes. A spouse and unmarried children under 21 are derivative beneficiaries.

No. The EB-1A green card is unconditional.

Yes, but the applicant must apply for a re-entry permit before leaving the USA.

Yes. A green card holder can apply for U.S. citizenship after five years of residence, spending more than 2.5 of those years in the U.S. with no absences longer than six months.

No. Unlike the EB-2 or EB-5, this type of green card is not subject to a backlog.