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EB-1 Extraordinary Ability Visa

First preference employment-based immigration for individuals with extraordinary ability in sciences, arts, education, business, or athletics.

EB-1 Extraordinary Ability Visa

The EB-1A Extraordinary Ability visa is a first-preference employment-based immigration category for individuals who have extraordinary ability in the sciences, arts, education, business, or athletics. This visa category offers several advantages, including the ability to self-petition without an employer sponsor and faster processing times compared to other employment-based categories.

Who Qualifies for EB-1A?

To qualify for an EB-1A visa, you must demonstrate extraordinary ability in your field through sustained national or international acclaim. You must meet at least 3 of the following 10 criteria:

  • Receipt of nationally or internationally recognized prizes or awards for excellence
  • Membership in associations that require outstanding achievement
  • Published material about you in professional or major trade publications
  • Judging the work of others in your field
  • Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance
  • Authorship of scholarly articles in professional journals or major media
  • Display of your work at artistic exhibitions or showcases
  • Performance in a leading or critical role for distinguished organizations
  • High salary or remuneration compared to others in the field
  • Commercial success in the performing arts

Additionally, you must demonstrate that you will continue to work in your area of expertise in the United States and that your entry will substantially benefit the U.S.

Benefits of EB-1A Visa

  • No labor certification required
  • No job offer required (self-petition possible)
  • Priority processing compared to other employment-based categories
  • Immediate family members (spouse and unmarried children under 21) can obtain green cards as derivatives
  • Shorter waiting times as EB-1 is a first preference category

Application Process

  1. File Form I-140, Immigrant Petition for Alien Worker
  2. Compile comprehensive documentation demonstrating extraordinary ability
  3. Upon approval, file Form I-485 for adjustment of status (if in the U.S.) or consular processing (if outside the U.S.)
  4. Attend biometrics appointment and interview (if required)
  5. Receive permanent resident card (Green Card)

How UpperVisa Can Help

  • Comprehensive case evaluation to determine eligibility and optimal strategy
  • Expert guidance on selecting and documenting the most compelling evidence
  • Preparation of a persuasive petition package that highlights your extraordinary abilities
  • Assistance with responding to Requests for Evidence (RFEs) if issued
  • Support throughout the adjustment of status or consular processing phase

Request a Consultation

Speak with our EB-1 visa experts to evaluate your eligibility and develop a personalized strategy for your case.

Book a Consultation

Success Rate

98%

Our success rate for EB-1 Extraordinary Ability visa applications, based on properly prepared cases.

Frequently Asked Questions

No, one of the key advantages of the EB-1A category is that you can self-petition without a job offer or employer sponsor. You only need to demonstrate that you will continue to work in your field of expertise in the United States.

Processing times vary, but EB-1A petitions typically take 4-8 months for USCIS to adjudicate. Premium processing is available for an additional fee, which guarantees a response (not necessarily approval) within 15 calendar days. After I-140 approval, the adjustment of status or consular processing phase typically takes an additional 6-12 months.

If you cannot meet 3 of the 10 criteria, you might still qualify for other employment-based categories such as EB-2 with a National Interest Waiver or EB-3. Our immigration experts can evaluate your qualifications and recommend the most appropriate visa category for your situation.

Ready to Begin Your EB-1A Application?

Contact our team today for a personalized consultation and expert guidance on your EB-1 Extraordinary Ability visa application.