Who this is for
- People who have risen to the very top of their field and have sustained national or international recognition
- Researchers, scientists, artists, athletes, entrepreneurs and executives with a strong record of achievement
- People who plan to keep working in their area of expertise in the United States
- Applicants with a one-time major internationally recognized award, or evidence meeting at least three of the listed criteria
- People inside or outside the U.S. — no employer sponsor is required
Forms involved
| Form | Official name | What it does |
|---|---|---|
| I-140 | Immigrant Petition for Alien Workers | The petition for EB-1A classification, which the person can file for themselves with evidence of extraordinary ability. |
| I-907 | Request for Premium Processing Service | An optional request for faster USCIS action on the I-140. |
| I-485 | Application to Register Permanent Residence or Adjust Status | Used to apply for the green card from inside the U.S. when a visa number is available. |
| DS-260 | Immigrant Visa Electronic Application | Used by applicants abroad to apply for an immigrant visa through the National Visa Center and a consulate. |
| I-765 / I-131 | Work permit and travel document applications | Optional applications that can be filed with an I-485 for work and travel while it is pending. |
Step by step
- Review the evidenceThe applicant and attorney compare the person's record with the EB-1A criteria to see if it can meet the standard.
- Gather documents and lettersCollect evidence such as awards, press, publications, citations, judging roles and expert letters, plus proof of plans to keep working in the field.
- File Form I-140The person (or an employer) files the I-140 with USCIS, with optional premium processing.
- Check the Visa BulletinIf the priority date is current for the person's country, they can move to the green card stage; some can file the I-485 at the same time as the I-140.
- Adjust status or go through a consulatePeople in the U.S. may file Form I-485; people abroad go through the National Visa Center and a consular interview.
- Biometrics, interview and decisionUSCIS or the consulate collects biometrics, may hold an interview, and makes a final decision.
Documents usually requested
- Passport, birth certificate and immigration history
- Evidence of major awards or nationally/internationally recognized prizes
- Membership in associations that require outstanding achievement
- Published material about the person in major media or professional publications
- Evidence of judging the work of others, such as peer review
- Proof of original contributions of major significance, scholarly articles or high citations
- Evidence of a leading or critical role or high salary compared with peers
- Expert recommendation letters from independent leaders in the field
- A statement or evidence of plans to continue working in the field in the U.S.
How long it takes
Timing depends on USCIS processing of the I-140 (and whether premium processing is used), Visa Bulletin availability for the applicant's country of birth, and the I-485 or consular stage. See USCIS processing times and the Visa Bulletin.
Government filing fees
Form I-140 carries a USCIS filing fee and may carry an additional statutory program fee; Form I-485, related applications and premium processing have their own fees, and consular cases have State Department fees. Fees change, so check the USCIS fee schedule (G-1055).
Working and traveling while you wait
People with a pending I-485 can usually apply for a work permit and advance parole travel document, but leaving the U.S. without advance parole can cause the application to be treated as abandoned. Filing an I-140 alone does not give work authorization.
Common mistakes to avoid
- Counting criteria without showing the person is actually among the top of the field (USCIS reviews the full picture, not just a checklist)
- Relying on letters from close collaborators instead of independent experts
- Submitting press or awards without proof of their significance or reach
- Not explaining how the person will continue working in their field in the U.S.
- Leaving the U.S. while an I-485 is pending without advance parole
How MyUSVisa helps
- Answer a guided questionnaire in your language and upload your documents once — we read, sort and assemble them into a clear case file and timeline.
- Your organized case is offered to licensed U.S. immigration attorneys who handle this type of case. Interested attorneys send you offers, and you compare and choose — or don't.
- Once you choose, you and your attorney work in one place: messages, documents, deadlines and automatic USCIS status updates, on the web and in the mobile app.
Frequently asked questions
Do I need a job offer for EB-1A?
No, EB-1A does not require a job offer or employer sponsor, and the person can file Form I-140 for themselves. They do need to show they will continue working in their area of extraordinary ability in the United States.
How many criteria do I need for EB-1A?
Generally, applicants need either a one-time major internationally recognized award or evidence meeting at least three of the ten listed criteria. Meeting three criteria is not enough by itself, because USCIS then weighs all the evidence to decide whether the person truly has sustained acclaim.
What is the difference between EB-1A and EB-2 NIW?
Both allow self-petitioning without labor certification, but EB-1A requires extraordinary ability with sustained acclaim, while EB-2 NIW requires an advanced degree or exceptional ability plus a showing that the work benefits the nation. EB-1A is often harder to qualify for, but the visa wait can be shorter depending on the country.
Can I file EB-1A while on an O-1 or H-1B?
Yes, people in many temporary statuses file EB-1A petitions. An attorney can help confirm how the filing interacts with the person's current status, especially for statuses that don't allow immigrant intent.
Can I file the I-485 at the same time as the I-140?
In many cases, yes, if the person is in the U.S. and a visa number is available for their category and country. Check the Visa Bulletin and the USCIS adjustment of status filing charts.
Official sources
Last reviewed: October 2026
This guide is general information, not legal advice, and reading it does not create an attorney–client relationship. Immigration rules, forms and fees change often — always check the official sources above. MyUSVisa is not a law firm and is not affiliated with USCIS or any government agency; legal advice comes only from the licensed attorney you choose.