The EB1a visa is a green card for persons who are nationally or internationally recognized for having extraordinary ability in the field of sciences, arts, education, business, or athletics. Under the INA § 203(b)(l)(A), 8 U.S.C. § l 153(b)(l)(A), the EB1a green card is a sub-category of the first preference (priority workers) employment-based immigrant visas and it is one of the only few immigrant visas that truly allow self-sponsorship as it does not require a specific sponsoring employer or a PERM labor certification.
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A person qualified for an EB1a green card must be able to show that: (1) they have extraordinary ability in the fields of science, art, education, business, or athletics, (2) they have maintained well-known and acclaimed in their area of expertise on a national or international level (3) they will continue to work in the same area of expertise after entering the United States, and (4) they will be able to substantially benefit the United States if the EB1a green card is granted.
The original statutory wording for the EB1a green card qualifications can be found in INA § 203(b)(l)(A), 8 U.S.C. § l 153(b)(l)(A).
The legislative intent behind the definition of “extraordinary ability” shows that the EB1a green card was designed for persons that belong to a small percentage of people who have risen to the very top of their field in the sciences, arts, education, business, or athletics.
In other words, EB1a green cards are reserved and granted to the group of people who are the most professionally accomplished in their field of expertise. Because fewer people qualify for the EB1a green cards, there are usually less visa availability backlog problems which make the EB1a green card petitions one of the fastest ways to obtain an employment-based green card.
The EB1a green card has two main requirements that need to be satisfied: evidence must be provided to the USCIS to show that (1) the persons extraordinary ability is nationally or internationally acclaimed and (2) the person will continue to work in the same area of expertise that was used as the basis to apply for the EB1a green card.
There are two ways to prove that the person’s extraordinary ability is nationally or internationally acclaimed: it can be done by either showing (1) the person received a major internationally-recognized award or prize, OR by (2) satisfying at least 3 of 10 criteria listed in 8 C.F.R. § 204.5(h)(3).
The evidence provided to the USCIS for the EB1a green card must show:
(A) The person will continue to work in the same area of expertise that was used as the basis to apply for the EB1a green card
AND
(B) The person received a one-time major internationally-recognized award or prize (e.g., Oscar, Nobel Prize, Pulitzer, Olympic Medal)
OR
(C) The person satisfies at least 3 of 10 criteria listed below:
- (1)
- (2)
- (3)
- (4)
- (5)
- (6)
- (7)
- (8)
- (9)
- (10)
- The person has received (lesser-known) national or international awards or prizes for achieving excellence in their field of expertise
- The person has a membership in an association that requires members to have outstanding achievement in their area of expertise as a condition to become a member (judged by recognized national or international experts in their specific fields)
- There is published material about the person in professional or major trade publications, or in other major media publications (e.g., national newspapers, magazines)
- The person has served as a judge of others work (individually or on a panel)
- The person has produced original scientific, scholarly, artistic, athletic, or business-related contributions that have major significance to their area of expertise
- The person's authorship of scholarly articles is shown in professional or major trade publications, or in other major media publications (e.g., national newspapers, magazines)
- The person's work has been displayed at artistic exhibitions or showcases
- The person has performed in a leading or critical role for distinguished organizations or establishments
- Commercial success in the performing arts (e.g., box office receipts, sale records)
- The person receives a high salary or remuneration when compared to what other workers in similar positions usually receive in the same field
*** Any other comparable evidence can be provided if the 10 criteria listed above cannot be readily applied
TLDR: The EB1a applicant (foreign worker) would have to satisfy (A) and (B) or (A) and (C), which means that the applicant must show they will continue to work in the same field of expertise after the issuance of the EB1a green card, and that they either have at least a one-time major internationally-recognized award or prize, or can show proof of their professional recognition by meeting 3 of the 10 criteria listed under 8 C.F.R. § 204.5(h)(3) (allows other comparable evidence if the criteria are not applicable).
The original statutory wording for the EB1a green card evidentiary requirements can be found in 8 C.F.R. § 204.5(h)(3).
The total time an EB1a green card takes is consisted of the processing time for (1) the EB1a green card petition (Form I-140) with the USCIS and the (2) the change of status when the person’s priority date becomes current by filing the Form I-485 application if adjusting status within the United States or the DS-260 application if doing consular processing at a U.S. consulate or embassy located outside the United States.
Factors that influence the EB1a green card petition processing time usually include but is not limited to where the person (or spouse) was born, if there was any Request for Evidence (“RFE”) issued, and the caseload of the USCIS service center, National Visa Center (NVC), and the U.S. consulate or embassy.
A rough estimate for the Form I-140 petition is around 6 to 12 months. However, premium processing (Form I-907) is available for the Form I-140 petition part of the EB1a green cards. Premium processing is an optional expedited service where the USCIS guarantees that the case will be processed within 15 calendar days (not business days). When a notice of intent to deny (NOID) or a request for evidence (RFE) is issued, a new 15 calendar day will start when the USCIS receives a response from the applicant. If the USCIS fails to process within the time frame, a refund of the service fee will be given and the case will continue to be expedited. Please note that USCIS’s guaranteed response may be an approval notice, denial notice, notice of intent to deny (NOID), request for evidence (RFE), or open an investigation for fraud or misrepresentation.
The current premium processing fee for the EB1a green card is $2500 USD and it can be requested when the original petition is submitted to the USCIS or an upgrade to premium processing can be done when the case is pending.
Priority Date for Status Change
There are two parts in the processing time for a change of status: (1) the time to when the person’s priority date becomes current which can range from no wait time (which is usual) to multiple years (which is rare for EB1a visas) depending on what country the person or their spouse was born in, and (2) the time to process Form I-485 for adjustment of status or DS-260 for consular processing which a rough estimate can range from 4 to 15 months.
After the USCIS approves the EB1a green card petition (Form I-140), the person will then wait for their priority date to become current to apply for a change of status into a green card holder (lawful permanent resident). The priority date for EB1a green card petitions is the date that the USCIS receives their immigration petition (Form I-140). For people from most countries, their EB1a green card petitions will usually have a current priority date at the time of filing. For people from China and India, the wait time for their priority date under an EB1a green card petition to become current is relatively short compared to other green card visa categories.
The reason as to why there are different wait times for a priority date to become current is due to the total limit on how many green cards (immigrant visas) can be given out each year and a separate limit on how many green cards are allotted for each country. For people born in certain countries (based on country of birth and not country of citizenship) such as China or India, there is usually not enough available visas (green cards) each year due to high-volume immigration from those countries so they would have to wait for their visas (green cards) to become available which would be based on when their priority date becomes current in the monthly Visa Bulletin released by the U.S. Department of State (DOS).
Cross-Chargeability
Cross-chargeability is often used when the person’s country of birth has a visa backlog problem but the country of birth for the person’s spouse does not. The person born in the country that has a visa availability backlog problem will use the cross-chargeability rule to be charged against (use the quota of) the spouse’s country instead (this usually results in obtaining the green card much earlier). For example, a person born in China (which usually has a visa availability backlog problem) with a spouse born in South Korea (which does not have a visa availability backlog problem): both of them can use the quota of South Korea instead of China when they apply to change into their green card visa status. It does not matter which person is the primary person pursuing the green card petition.
Minor children can be charged to either parent’s country of birth, or in some circumstances the child can be charged to a third country that neither parent was born in or had residence in when the child was born. For example, both parents were born in Japan but their child was born in China during a temporary vacation there: the child can be charged against the quota of Japan. Under most circumstances, derivative beneficiaries (such as the spouse or children of green card visa applicants) cannot be eligible to apply to change into their green card visa status before the principal green card visa applicant.
Please note that parents cannot use their minor children’s country of birth under the cross-chargeability rule. For example, both parents were born in China and their child was born in Japan. The parents cannot use Japan which is their child’s country of birth and would still need to use China which is their own country of birth to wait for their green card.
Changing into the green card visa status (the lawful permanent resident immigrant visa status) is the final step in being able to work freely and live permanently in the United States. There are two ways to obtain the green card visa status: adjustment of status and consular processing.
Adjustment of status is usually for a person who is already in the United States with a valid nonimmigrant visa status and has maintained a lawful visa status throughout their time within the United States. On the other hand, consular processing is for a person living outside the United States or for a person who is ineligible in adjusting their status in the United States.
For a person who is residing overseas (outside the United States) or a person who is ineligible for an adjustment of status with the Form I-485 application, consular processing must be done to obtain the EB1a green card visa status (i.e., lawful permanent resident). Consular processing usually involves the person attending an in-person interview at the U.S. consulate or embassy located in their home country. In certain circumstances, a person can do consular processing in another country as a “Third Country National.”
After the interview approval at the U.S. consulate or embassy, the person would have to be admitted entry into the United States by the CBP officer at the border (usually at the airport). In other words, the person would have to physically enter the United States after their interview approval as the final step for their EB1a green card visa status to be activated.
For a person who is already in the United States with a valid nonimmigrant visa, there are usually two options available to obtain the EB1a green card visa status (Lawful Permanent Resident):
(1) Adjustment of Status: this is the more commonly chosen option where the person would file a Form I-485 application to adjust their status without leaving the United States. The person would attend an in-person interview at a local USCIS office in the United States and the interview approval would serve as the final step for their EB1a green card visa status to be activated.
The adjustment of status application (Form I-485) can be filed when the person’s priority date becomes current in the Visa Bulletin which means that there are no backlogs in visa availability for the person’s country of birth (not country of citizenship). This can happen while the green card petition (Form I-140) is still pending (i.e., before approval) with the USCIS or after the green card petition (Form I-140) is approved by the USCIS. It can also happen in concurrent filings (Form I-140 and Form I-485 sent together) where the person’s priority date is already current at the time of filing the green card petition (Form I-140) to the USCIS.
When the adjustment of status application (Form I-485) is filed, applications for the employment authorization document (Form I-765, commonly known as the “EAD card”) and the travel document (Form I-131, commonly known as “Advance Parole”) can also be filed at the same time.
The EAD card allows unrestricted employment where a person can change their job freely and can legally work for any employer in the United States, unlike a work visa such as an H1B visa which restricts a person to work for a specific employer in the United States.
Advance parole allows a person to travel internationally while their adjustment of status is still pending. If a person has a pending adjustment of status application (Form I-485) with the USCIS but leaves the United States without advance parole and does not have a certain valid nonimmigrant visa status (H1B visa, H4 visa, L1 visa, L2 visa, K3 visa, K4 visa, V visa) that allows international travel, their adjustment of status will be considered abandoned.
(2) Consular Processing: this is usually chosen if a person cannot show that they have maintained their lawful visa status in the United States or when the processing time for consular processing is much faster than the adjustment of status.
When the EB1a green card petition (Form I-140) is approved, the person’s spouse and dependent children (unmarried and under the age of 21) may be eligible to enter the United States under the E-14 or E-15 immigrant visa status, respectively.
The EB1a green card allows persons who are nationally or internationally known for having extraordinary ability in their field of expertise (limited to science, art, education, business, or athletics) to legally work and live in the United States.
The EB1a Green Card Petition is Fast
The EB1a green card petition is one of the fastest ways to become a lawful permanent resident in the United States. This is partly because fewer people qualify for an EB1a green card and the people who are approved are given first priority when the green cards are issued each year.
The EB1a green card petition is also special in that it does not require a specific U.S. employer for sponsorship or a lengthy PERM labor certification that most employment-based green card visa categories require. It is one of the very few green card visa categories that allow the person to truly self-sponsor themselves without a U.S. sponsor.
The main requirements for the EB1a green card petition are proving that the person will continue to work in the area of expertise they used to obtain their green card and that the person’s extraordinary ability in the field of sciences, arts, education, business, or athletics is well-known and acclaimed on a national or international level. The person can show that they have extraordinary ability by either possessing a major internationally-known award or prize, or by satisfying at least 3 of the 10 criteria listed in C.F.R. § 204.5(h)(3) which may include scenarios such as showing high-ticket sales for concerts or scholarly articles authored by the person were published in several well-respected professional journals.
The EB1a green card is best suited for a person who is already professionally accomplished in their field of expertise and can provide the documentation to prove it. The emphasis in this visa category is that the level of achievement must be at a national or international level. Usually, people who have nonimmigrant visas in the O1 visa (Extraordinary ability / Extraordinary Achievement) or the P1A visa (Internationally Recognized Athlete) are good candidates for the EB1a green card petition because of the similarities in the visa requirements.
For people who do not qualify for the EB1a green card petition yet, the closest alternative would be filing a National Interest Waiver (NIW) with an EB2 green card petition. The EB2 National Interest Waiver green card petition would require the person to have at least a master’s degree (or its equivalent) or have exceptional ability (lower standard than the extraordinary ability in the EB1a green card petition) in the sciences, arts, or business, and the person would also need to show that their work will be able to benefit the United States significantly.
Other alternatives would be the more commonly used employment-based green card petitions such as the regular EB2 green card petitions (Advanced Degree) and the EB3 green card petitions (Professional, Skilled, Other Workers). These types of employment-based green card petitions usually require a sponsoring U.S. employer and a PERM Labor Certification.
If you have an EB1a green card (Alien of Extraordinary Ability) immigration question, please fill out our contact us form or send us an email with some basic information about your background and your immigration needs. We will do our best to respond within 48 hours.
How we can help?
Kylie Huang Law’s immigration attorney will help identify whether the EB1a green card is the appropriate immigrant visa category for the client’s professional background. We will work closely with our client to prepare a convincing case for their EB1a green card petition and we will also strategize on how the EB1a green card petition should be presented to achieve the best chances of approval. It is strongly advised and common practice to retain an immigration attorney for an EB1a green card petition due to the complexities in the immigration process and visa requirements.
What does the typical process look like to retain (hire) us?
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- Fill out the form (with some basic information on what your immigration needs are)
- Sign up and log into the client portal to schedule an appointment online
- Attend scheduled appointment (typically a phone call or zoom meeting)
- Retainment (signing a contract to hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
- Confirming contents of documents that will be submitted
- Filing the case
- Following up on the status of the case
- Close the case when a final determination is issued
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- Fill out the form (on what your immigration needs are)
- Sign up and log into the client portal to schedule an appointment
- Attend scheduled appointment (typically a phone call or zoom)
- Retainment (signing a contract to hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
- Confirming contents of documents that will be submitted
- Filing the case
- Following up on the status of the case
- Close the case when a final determination is issued
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- Fill out the form (on what your immigration needs are)
- Sign up and log into the client portal to schedule appointment
- Attend scheduled appointment (typically a phone call or zoom)
- Retainment (hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
- Confirming content of documents that will be submitted
- Filing the case
- Following up on the case status
- Close the case when a final determination is issued
RELATED ARTICLES
- EB1a Visa Requirement & Documents
- EB1a Visa Checklist
- EB1b Visa (Outstanding Professors and Researchers)
- EB1c Visa (Multinational Manager or Executive)
- EB2 Visa Overview (Advanced Degree / Exceptional Ability / National Interest Waiver / Physicians National Interest Waiver / Schedule A)
- PERM Labor Certificate