It is for individuals who have achieved sustained national or international acclaim and whose achievements have been recognized in their field of expertise, indicating they are among the small percentage who have risen to the very top.

"Extraordinary ability" signifies a level of expertise that places an individual at the very top of their field, as evidenced by sustained national or international acclaim. USCIS may even consult with independent experts to ascertain the truly extraordinary nature of the work.

Applicants can qualify by providing evidence of a one-time, major internationally recognized achievement (such as a Nobel Prize, Pulitzer, Oscar, or Olympic Medal), or by meeting at least three out of ten specific criteria established by USCIS.

Link to the criterion: https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1.

No, one of the key advantages of the EB-1A visa is that it allows for self-sponsorship, meaning an applicant does not require an employer to file the petition on their behalf.

No, the typically lengthy and complex Labor Certification (PERM) process is not required for EB-1A petitions, which can streamline the initial stages of the application.

The ten criteria are:

(1) Receipt of lesser nationally or internationally recognized prizes or awards for excellence;

(2) Membership in associations in the field which demand outstanding achievement of their members;

(3) Published material about you in professional or major trade publications or other major media;

(4) Participation, either individually or on a panel, as a judge of others’ works;

(5) Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance;

(6) Authorship of scholarly articles in professional or major trade publications or other major media;

(7) Display of work at artistic exhibitions or showcases;

(8) Performance of a leading or critical role in distinguished organizations;

(9) Command of a high salary or other significantly high remuneration; and

(10) Commercial successes in the performing arts.

Evidence should include documentation stating the criteria for receiving the award, the number of competitors, or a letter from the award committee. The award must be national or international in scope; student-level awards generally carry less weight.  

This requires articles referring to your research or accomplishments in major news websites (e.g., CNN, Yahoo!) or professional news websites (e.g., ScienceDaily). Include the title, date, author, and any necessary translations. Media coverage of you judging a high-profile competition also counts.

The most effective evidence includes recommendation letters from independent experts in your field who discuss using or being influenced by your contributions. Approved patents may also satisfy this criterion if they have demonstrably impacted the field (e.g., widely adopted, licensed, or commercialized).

For "Judging the Work of Others," strong evidence includes official invitations to review research articles or industry reports, letters confirming participation in award committees or judging panels, and records of involvement in evaluating grants or academic programs. For "Holding a Critical Role," strong documentation includes performance reports linking your work to company growth, press coverage highlighting your leadership, internal documents showing your influence on key initiatives, and letters from executives or clients detailing your specific impact.

The key steps include:

(1) Determining your eligibility;

(2) Gathering extensive supporting evidence (typically 2 -4 months);

(3) Preparing and filing Form I-140, Petition for Alien Worker;

(4) Waiting for USCIS processing; and

(5) Receiving approval and your Green Card.

Standard processing times for Form I-140 can vary significantly by service center. As of 2024, the Nebraska Service Center averages 16.5 months, and the Texas Service Center averages 19 months.

Premium processing is an optional service for the I-140 petition that guarantees a response from USCIS (either an approval or a Request for Evidence) within 15 business days for an additional fee of $2,805 as of today June 2025.

As of 2024, the I-485 Adjustment of Status petition can take between 16 to 50 months to process. There is currently no option to expedite the I-485 application.

Concurrent filing allows for the simultaneous submission of both the I-140 petition and the I-485 application. This is possible if your priority date is "current," meaning a visa number is immediately available for your specific nationality, potentially speeding up the overall green card process.

If USCIS issues an RFE, it means they require additional information to make a decision. You generally have 60-90 days to respond, and this provides an opportunity to strengthen your case by providing the requested documentation.  

Processing times can be affected by the volume of applications, USCIS workload and staffing levels, country-specific quotas, and the accuracy and completeness of your application and supporting documents. Thorough preparation and quick responses to inquiries can help mitigate delays.

USCIS emphasizes that the strength and impact of the evidence are more important than simply meeting a certain number of categories. Building a case around well-documented, high-impact contributions to your field is the recommended approach.

The U.S. Citizenship and Immigration Services (USCIS) website is the official source for all EB-1A visa information. While there isn't a specific "failed cases" database, USCIS does provide access to Administrative Appeals Office (AAO) non-precedent decisions. These decisions include cases that have been appealed, offering insights into how certain types of evidence and arguments were evaluated, which can be helpful for understanding potential challenges and successful strategies. You can access these decisions on the USCIS website.

Link to access AAO: https://www.uscis.gov/administrative-appeals/aao-decisions/aao-non-precedent-decisions.