Business Immigration · EB-1A
EB‑1A green cards argued for both steps of the review, not just the criteria count
The EB-1A is a green card you can petition for yourself, with no employer, no job offer and no labor certification. It is reserved for people with sustained national or international acclaim who are among the small percentage at the very top of their field. Most EB-1A denials no longer say you missed the criteria. They concede three criteria and then deny at the "final merits" step in a few sentences. We build every EB-1A for that second step, and we can take a denial that ignores the record to federal court.
What our EB-1A service covers
- A written criteria and final-merits assessment before you commit to filing.
- An evidence plan: which criteria to claim, what to add, and which letters to request from independent authorities.
- Drafting support for those letters, with each author's credentials and specific facts.
- The petition letter, exhibit index and Form I-140, filed with or without premium processing.
- RFE or Notice of Intent to Deny responses within scope.
- Coordination of the next stage: Form I-485 in the U.S. or consular processing abroad.
The adjustment-of-status stage for you and your family is a separate engagement, explained on our employment-based I-485 page.
Who qualifies
The regulation defines extraordinary ability 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" (8 CFR 204.5(h)(2)(2))). The field can be the sciences, arts, education, business or athletics. You must also show that you will continue working in that area in the U.S. (204.5(h)(5)(5))), with a statement of plans, contracts, offers or letters from prospective clients or employers.
Founders, researchers, engineers, executives, athletes, coaches, artists and performers all file EB-1A. What they have in common is a record that independent people in the field have recognized, not just a strong résumé.
The ten criteria, with what officers actually look for
You qualify through a one-time achievement, meaning a major internationally recognized award, or through evidence that meets at least three of the ten criteria in 8 CFR 204.5(h)(3)(3)):
| # | Criterion | What makes it hold up |
|---|---|---|
| i | Lesser nationally or internationally recognized prizes or awards for excellence | Who grants it, the selection process, the size of the field, and coverage of the award |
| ii | Membership in associations that require outstanding achievement, as judged by recognized national or international authorities | Bylaws showing selective, merit-based admission; dues-only memberships fail |
| iii | Published material about you in professional or major trade publications or other major media | About you and your work, with title, date, author and circulation or audience data |
| iv | Judging the work of others in your field or an allied field | The invitation plus proof you actually reviewed or judged |
| v | Original scientific, scholarly, artistic, athletic or business-related contributions of major significance | Proof of impact beyond your employer: adoption, licensing, citations, revenue, industry changes |
| vi | Authorship of scholarly articles in professional or major trade publications or other major media | Publication venue and its standing; citations help in the final-merits step |
| vii | Display of your work at artistic exhibitions or showcases | For visual and performing artists; venue reputation matters |
| viii | A leading or critical role for organizations or establishments with a distinguished reputation | Both halves: your role and the organization's reputation |
| ix | A high salary or other significantly high remuneration compared with others in the field | Reliable wage surveys for the same occupation and geography |
| x | Commercial success in the performing arts | Box office, sales, streaming or ticket data |
Comparable evidence. If a criterion does not readily apply to your occupation, you may submit comparable evidence (204.5(h)(4)(4))). For a founder, that can be the terms of a competitive financing round. For a coach, it can be the documented results of the athletes coached. You have to explain why the standard criterion does not fit.
The two-step review, and why most denials happen at step two
Since Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010), USCIS decides EB-1A cases in two steps. The USCIS Policy Manual describes the same framework.
- Step one: criteria. Does the evidence meet at least three criteria? This is a yes-or-no count under the plain terms of each criterion.
- Step two: final merits. Looking at all the evidence together, does it show sustained national or international acclaim and a place in the small percentage at the very top of the field?
A petition that only counts criteria is built for step one. We write the petition so that step two is argued on its own: how your awards, press, judging and contributions compare with others in the field, why the acclaim is sustained rather than a single moment, and what independent authorities say about your standing. When a denial concedes the criteria and then rejects the case at step two without engaging the evidence, that gap is the core of an appeal or a federal complaint. Our federal guide explains the pattern: EB-1A denied: fighting the final-merits trap.
Government fees
| Item | Fee | Paid to |
|---|---|---|
| Form I-140 | $715 (paper) / $665 (online) | USCIS |
| Asylum Program Fee, self-petitioner | $300 (small employer or self-petitioner) | USCIS |
| Premium processing (Form I-907), optional | $2,965 | USCIS |
| Form I-485 (if adjusting in the U.S.), per applicant 14 or older | $1,440 (paper) / $1,390 (online) | USCIS |
| Form I-765 work permit with a pending I-485 | $260 | USCIS |
| Form I-131 advance parole | $630 (paper) / $580 (online) | USCIS |
| Immigrant visa application (if processing abroad) | $325 | Department of State |
| USCIS Immigrant Fee (after an immigrant visa is issued) | $235 | USCIS |
Government fees as of Oct. 24, 2026, from USCIS Form G-1055, edition 10/16/26. Confirm before filing.
Fees come from 8 CFR 106.2 and 8 CFR 106.4. We confirm the amounts, including which Asylum Program Fee applies to your filing, against the live USCIS fee schedule (G-1055) on the day we file.
Timeline, premium processing and the Visa Bulletin
EB-1A petitions can be premium processed. Premium processing sets a fixed USCIS response clock under 8 CFR 106.4 for the I-140 only. It does not speed up the I-485, and it does not lower the standard. For regular processing, use the USCIS processing-times tool.
Whether you can file the I-485 at the same time depends on your country of birth and the Visa Bulletin. The EB-1 chart can differ by country and changes monthly. When it is current, filing the I-140 and I-485 together (concurrent filing) lets you and your family apply for work and travel permits while the case is pending.
EB-1A, EB-2 NIW or O-1: which fits
| EB-1A | EB-2 NIW | O-1 | |
|---|---|---|---|
| Status | Green card | Green card | Temporary work visa |
| Employer needed? | No (self-petition) | No (self-petition) | Yes, an employer or U.S. agent petitions |
| Standard | Very top of the field; sustained acclaim | Advanced degree or exceptional ability, plus the Dhanasar national-interest test | Very top of the field (O-1A) or distinction (O-1B arts) |
| Criteria | 1 major award or 3 of 10 | Three-prong Dhanasar test | 1 major award or 3 of 8 (O-1A) |
| Visa Bulletin | EB-1 chart | EB-2 chart (separate dates) | Not applicable |
A common sequence is O-1 first, then EB-1A, with an NIW as a parallel or fallback filing. The records overlap, so we plan them together and keep the claims consistent. See our O-1 page and our EB-2 NIW page.
Adjustment of status or consular processing
After the I-140 is approved, or at the same time if your priority date is current, you either adjust status in the U.S. on Form I-485 or complete an immigrant visa through the National Visa Center and a U.S. consulate. Adjustment requires lawful entry and, in most cases, maintained status. Consular processing suits people living abroad. Your spouse and unmarried children under 21 come with you as derivatives on either path. Details are on our employment-based I-485 page.
Step by step
- Assessment. We review your CV, press, citations, awards and contracts and give you a written view on both steps.
- Evidence plan. Criteria to claim, gaps to close, and independent letter authors to approach.
- Letters and exhibits. Letters that explain specific impact, plus circulation, citation and wage data.
- Petition letter. Criteria argued one by one, then a separate final-merits section.
- Filing. I-140, with premium processing if useful, and the I-485 package if your date is current.
- RFE or NOID. A point-by-point response that answers each concern in the notice.
- Green card stage. Biometrics, any interview, and the immigrant visa or adjustment approval.
Common EB-1A problems
- Letters from colleagues and supervisors that praise but do not compare you with the field.
- Acclaim that peaked years ago with nothing recent, which undercuts "sustained".
- Press that quotes you on someone else's story rather than covering you.
- Judging that was invited but not documented as completed.
- No clear plan for continuing work in the field in the U.S.
- Claims in the EB-1A that contradict an earlier O-1 or NIW filing.
If USCIS is slow or denies the EB-1A
An EB-1A denial can be met with a motion to reopen or reconsider, an appeal to the Administrative Appeals Office, a new petition, or an Administrative Procedure Act lawsuit asking a federal judge to set aside a decision that is arbitrary or contrary to law. Running a stronger refile in parallel with a challenge is often sensible. Read EB-1A denial options and I-140 denial options. If your I-485 is stuck after the I-140 is approved, see I-485 adjustment delay lawsuits.
The firm's published federal docket, listed on our consultation page, includes a complaint challenging a USCIS Extraordinary Ability denial issued on grounds outside the regulatory criteria. Past results do not guarantee a similar outcome.
Who handles your case
Immigration filings are prepared and signed by a licensed U.S. immigration attorney who works with DC Federal Litigation PLLC. Consultations are available in English, Spanish, French and Arabic. If an agency delays or denies your case and federal court is the right next step, DC Federal Litigation PLLC handles the litigation.
DC Federal Litigation PLLC works from its Washington, DC office on the strategy and on any federal-court action. If the agency sits on your case or denies it on grounds the regulation does not support, the litigation stays with the firm. You are told in writing, before any work begins, who does what on your matter and how the fee is shared.
Frequently asked questions
Do I need a job offer or an employer for EB-1A?
No. You can file the I-140 yourself, with no job offer and no labor certification. You do need to show that you will continue working in your area of expertise in the U.S., through a statement of plans, contracts, offers or letters from prospective clients or employers.
How many EB-1A criteria do I need?
Three of the ten in 8 CFR 204.5(h)(3), or one major internationally recognized award. Three gets you through step one. USCIS then weighs all the evidence at the final-merits step to decide whether you have sustained acclaim and are among the small percentage at the very top. Plan for step two from the start.
What is the final merits determination?
It is the second step of review, adopted after Kazarian v. USCIS. After finding that three criteria are met, the officer looks at the whole record to decide whether it shows sustained national or international acclaim. Many current denials concede the criteria and deny here. A denial at this step that does not engage the evidence can be challenged on appeal or in federal court.
Is EB-1A harder than an O-1?
The wording of the standard is similar, but EB-1A requires sustained acclaim for a permanent benefit, and officers apply it more strictly. An approved O-1 does not mean an EB-1A will be approved. A strong O-1 record is often the foundation of a later EB-1A, especially after a few more years of results.
Can I file EB-1A and EB-2 NIW at the same time?
Yes. The two petitions are independent, and filing both is a common hedge. They sit on different Visa Bulletin charts and use different standards. The two records must stay consistent, so we prepare them together.
Can my family get green cards through my EB-1A?
Yes. Your spouse and unmarried children under 21 are derivative beneficiaries. They file their own I-485s in the U.S. or immigrant visa applications abroad once your priority date is current, and each pays the applicable fees.
What if my EB-1A was denied?
Read the decision against your exhibit list. If the officer misapplied a criterion or skipped evidence at the final-merits step, a motion, an AAO appeal or a federal APA suit may fit. If the record had a real gap, a stronger refile may be faster. Deadlines for motions and appeals run from the decision date.
Know where your record stands on both steps
Book a paid consultation. We read your evidence before the call and send a written criteria and final-merits assessment afterward. If you engage the firm within 30 days, your consultation fee is credited in full toward your initial retainer.