EB-1A Visa: Extraordinary Ability (Green Card)

Benefits of an EB-1A Green Card

The EB-1A visa is seen as a particularly desirable green card because:

• EB-1A visa priority dates are "current," which means the wait can be a lot shorter than for other green cards.
• It is also unnecessary to go through the PERM process (where the Department of Labor would need to establish that existing U.S.-based workers could fill the same position).
• The spouse and any minor children of the green card holder may also be eligible for admission into the United States under E-14 or E-15 immigrant status.

For these reasons, EB-1A visa applications are subject to strict scrutiny, and they are among the most difficult visas to obtain.

USCIS Qualifications for an EB-1A Visa

How do I qualify for EB-1?

The evidence submitted must meet at least 3 out of 10 criteria set by USCIS or provide proof of a truly exceptional single achievement.

• You can demonstrate extraordinary ability in your field (sciences, arts, education, business, or athletics) through sustained national or international acclaim.
• Having membership of one or more associations in the field that require outstanding achievement as a condition of membership.
• Proof of published material about the beneficiary in professional or major trade publications or other major media.
• Evidence of having been invited to judge the work of others, whether as an individual or part of an expert panel.
• Evidence of original scientific, scholarly, or business-related contributions of major significance to the field.
• Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.
• Evidence of performance in a leading or critical role in respected organizations.
• And possibly evidence of commanding a high salary (or other significantly high remuneration) compared to others in the field.
• Published material in professional publications written by others about the beneficiary's work in the academic field.
• Original scientific or scholarly research contributions in the field.

(Source: USCIS)

We typically recommend obtaining references from around ten independent experts who can validate the evidence, proving that any publications or citations are relevant and meet the minimum requirements. OnlineVisas has substantial experience in helping to source credible and reliable expert references for EB-1B petitions.

See File My Application Online for more information on filing fees.

EB-1A Green Card Process and Documentation

According to USCIS, as the named Form I-140 beneficiary, you should submit the following documentation and evidence to apply as for an employment-based green card as an immigrant currently in the U.S.:

• Form I-485, Application to Register Permanent Residence or Adjust Status;
• Form I-797, Approval or Receipt Notice, for Form I-140, filed on your behalf (unless you are filing your Form I-485 together with the Form I-140);
• Form I-485 Supplement J (unless filing Form I-485 with Form I-140 or adjusting status based on a National Interest Waiver or as an alien of extraordinary ability), to confirm that the job offered to you in Form I-140 remains a bona fide job offer that you intend to accept once your Form I-485 is approved;
• Signed statement of intention to work in the occupational field specified in Form I-140 if you are a self-petitioner;
• Two passport-style photographs;
• Government-issued identity document with photograph;
• Birth certificate;
• Passport page with nonimmigrant visa;
• Passport page with admission/parole stamp;
• Form I-94, Arrival/Departure Record, or U.S. Customs and Border Protection (CBP) admission or parole stamp on the travel document.

Note: You can print the paper version of Form I-94 from the CBP website if CBP provides you with an electronic version.

• Since arriving in the U.S., show proof of continuously maintaining lawful status (or an exemption under INA 245(k)).
• Form I-864, Affidavit of Support Under Section 213A of the INA (if your U.S. citizen or lawful permanent resident relative filed Form I-140. Or by a relative who is a U.S. citizen who holds 5% or more of ownership interest in a for-profit entity.) For more information, see Instructions for Form I-864.

Note: A "relative" is a U.S. citizen or lawful permanent resident who is your husband, wife, father, mother, son, daughter, brother, or sister;

• Form I-693, Report of Medical Examination and Vaccination Record (may be submitted with Form I-485 or by mail upon request or at your in-person interview);
• Certified police/court records that include a complete criminal background report;
• Form I-601, Application for Waiver of Grounds of Inadmissibility;
• Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal; 
• J-1 or J-2 nonimmigrant status documents (proof of compliance or a 2-year foreign residence waiver under INA 212(e). See Form I-612, Application for Waiver of the Foreign Residence Requirement); 
• Form I-508, Request for Waiver of Rights, Privileges, Exemptions, and Immunities (if for A, G, or E nonimmigrant status.) 
• Form I-566, Interagency Record of Request – A, G or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status (only for A, G, or NATO nonimmigrant status); and
• Form I-485 Supplement A "Adjustment of Status Under Section 245(i)." 

Note: Each form requires you to submit the correct filing fee unless you are exempt or eligible for a fee waiver. Consult USCIS' Filing Fees and Fee Schedule for more information.

See the Instructions for Form I-485 and Tips for Filing Forms with USCIS for more information on applying for adjustment of status.

The Most Common Filed Forms and There Associated Cost to Each Form

• Form I-140, Immigrant Petition for Alien Worker: This is the main form that is filed by the employer on behalf of the EB-1A visa applicant. The cost of Form I-140 is $700.
• Form I-485, Application to Register Permanent Residence or Adjust Status: This form is filed by the EB-1A visa applicant to adjust their status to permanent resident. The cost of Form I-485 is $1,140.

The total cost of an EB-1A visa application can vary depending on the individual circumstances. However, the applicant should expect to pay at least a few thousand dollars in application fees and other costs.

Attorney Tips for EB-1A Green Card Applicants