Overview
EB-1A is the employment-based, first-preference green card for people with extraordinary ability in the sciences, arts, education, business, or athletics, shown through sustained national or international acclaim. U.S. Citizenship and Immigration Services (USCIS) lists it as classification E11.[1,5,6]
You can file Form I-140 for yourself. No employer, job offer, or labor certification is required, but the petition must show that you will continue working in your area of expertise in the United States.[1,2]
USCIS reviews the evidence in two steps: first which regulatory criteria it meets, then whether the whole record shows that you are among the small percentage at the very top of your field.[2]
An approved I-140 is not yet a green card. You apply for permanent residence when the Department of State's Visa Bulletin shows an EB-1 visa available for your country; your place in line is your priority date.[7,10]
Who it is for
Interpretation EB-1A fits people whose record is already recognized by others in their field. The USCIS Policy Manual's examples cover researchers and academics, industry professionals, startup founders, artists, and athletes.[2]
There is no age limit. The Policy Manual says a beneficiary may be very young or early in their career and still show sustained acclaim, although acclaim must be maintained rather than achieved once and then lost.[2]
Interpretation If your record is strong but may not reach the top-of-field standard, the EB-2 national interest waiver (NIW) is another self-petition route. It uses a different test: an advanced degree or exceptional ability, plus a nationally important endeavor.[11,12]
The O-1 visa uses a similar top-of-field standard for the sciences, education, business, and athletics, but it is temporary and must be filed by a U.S. employer or agent. EB-1A is permanent and can be self-petitioned.[1,13]
Eligibility
The law sets three requirements, and the regulation lists the evidence that proves them.
What the law requires
- You have extraordinary ability in the sciences, arts, education, business, or athletics, demonstrated by sustained national or international acclaim and recognized in your field through extensive documentation.[6]
- You are coming to the United States to continue work in your area of extraordinary ability.[1,6]
- Your entry will substantially benefit the United States in the future. The Policy Manual says this phrase is interpreted broadly.[2,6]
The regulation defines extraordinary ability as a level of expertise showing that you are one of the small percentage who have risen to the very top of your field of endeavor.[1]
The initial evidence must be either a one-time achievement, meaning a major, internationally recognized award, or evidence that meets at least 3 of the 10 criteria in 8 CFR 204.5(h)(3).[1,10]
The 10 criteria (meet at least 3)
- Lesser nationally or internationally recognized prizes or awards for excellence in the field.[1,8]
- Membership in associations in your field that require outstanding achievements of their members, as judged by recognized national or international experts.[1,8]
- Published material about you and your work in professional or major trade publications or other major media, with the title, date, author, and any needed translation.[1,8]
- Judging the work of others in the same or an allied field, individually or on a panel.[1,8]
- Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.[1,8]
- Authorship of scholarly articles in the field in professional or major trade publications or other major media.[1,8]
- Display of your work at artistic exhibitions or showcases.[1,8]
- A leading or critical role for organizations or establishments with a distinguished reputation.[1,8]
- A high salary or other significantly high pay compared with others in the field.[1,8]
- Commercial successes in the performing arts, shown by box office receipts or sales.[1,8]
If a criterion does not readily apply to your occupation, you may submit comparable evidence. A general statement that a criterion does not apply is not enough, and there is no comparable evidence for the one-time major award.[1,2]
The petition must also include clear evidence that you are coming to the United States to continue work in your area of expertise, such as letters from prospective employers, contracts, or your own detailed statement of plans.[1,10]
Step 1: the criteria
The officer decides, by a preponderance of the evidence, which of your evidence objectively meets the regulatory criteria. At this step the officer should not yet decide whether you are at the top of your field.[2]
Step 2: final merits
The officer weighs all of the evidence together to decide whether it shows sustained national or international acclaim and that you are among the small percentage at the very top of your field.[2]
High confidence The two-step review follows Kazarian v. USCIS (9th Cir. 2010), which held that USCIS may not add evidentiary requirements beyond the regulation when deciding whether a criterion is met; factors such as how often your work is cited belong in the final merits determination.[2,14]
High confidence USCIS applies the preponderance of the evidence standard: you must show that your claim is more likely than not true. The quality of the evidence counts, not only the quantity.[2,15]
Documents
What a typical EB-1A filing includes
- Form I-140, signed, with petition type 1.a (alien of extraordinary ability) in Part 2 and the correct fees.[3,16]
- Evidence of a one-time major international award, or evidence for at least three of the ten criteria.[1,17]
- Evidence that you will continue working in your field in the United States: offer letters, contracts, or a detailed statement of your plans.[1,17]
- A full English translation of every foreign-language document, with the translator's signed certification that it is complete and accurate and that they are competent to translate.[10,17]
- Legible photocopies are generally acceptable, but USCIS may ask for originals at any time.[1,10]
- Form I-907 if you want premium processing. USCIS pages have given conflicting instructions about filing Forms I-140, I-907 and I-485 together online. Check the current form instructions and the Forms Available to File Online page before choosing how to file.[5,16,18]
Expert letters can explain your work, but the Policy Manual says they should not be the cornerstone of the case and should be corroborated by documents. Letters that simply repeat the legal standard are generally not persuasive.[2]
Evidence of work experience should be letters from current or former employers that give the writer's name, address, and title and describe the duties you performed.[1,2]
Your evidence must show that you were eligible on the filing date. For EB-1A, the priority date is the date USCIS receives the properly filed, signed petition with all initial evidence and the correct fee.[1,17,19]
Fees
| Item | Fee | Notes |
|---|---|---|
| Form I-140 petition | $715 paper / $665 online | You or anyone on your behalf can file |
| Asylum Program Fee (paid with the I-140) | $300 if you self-petition | $600 regular petitioner; $300 small employer (25 or fewer full-time-equivalent employees); $0 qualifying nonprofit |
| Form I-907 premium processing (optional) | $2,965 | In effect since March 1, 2026; paid separately; cannot be waived |
| Form I-485 green card application, per person 14 or older | $1,440 paper / $1,390 online | Child under 14 filing with a parent: $950 paper / $900 online |
| Form I-765 work permit, with a pending I-485 | $260 | When the I-485 was filed with a fee on or after April 1, 2024 |
| Form I-131 advance parole, with a pending I-485 | $630 paper / $580 online | Requested while your I-485 is pending |
| Form I-290B appeal or motion | $800 | Only if you challenge a denial |
| USCIS Immigrant Fee (immigrant visa abroad) | $235 | Paid online after the visa is issued |
Fees change. Check the current Form G-1055 fee schedule before you pay; USCIS rejects a filing that has the wrong fee.[3]
For paper filings, pay by card with Form G-1450 or from a U.S. bank account with Form G-1650. A check or money order is accepted only with Form G-1651 if you qualify for an exemption from electronic payment.[3]
On Form I-140, self-petitioners answer No to Part 1 question 5 and Yes to question 6. USCIS uses these two answers to apply the reduced $300 Asylum Program Fee.[3,16]
If you apply for an immigrant visa abroad, the Department of State charges its own visa fees, collected through the National Visa Center (NVC). They are not listed here.[22]
Processing timeline
What usually happens, in order. Timing varies by case.
Prepare the evidence
Assemble all initial evidence before filing. You must be eligible on the filing date, and evidence of later achievements cannot cure a gap.[19,21]
File Form I-140
File by mail or online. USCIS pages have given conflicting instructions about filing Forms I-140, I-907 and I-485 together online. Check the current form instructions and the Forms Available to File Online page before choosing how to file. If a visa number is immediately available, you can file Form I-485 at the same time.[16,18,24]
Receipt and priority date
USCIS sends a receipt notice (Form I-797). For EB-1A, your priority date is the date USCIS received the properly filed petition.[1,7,25]
Review
An officer reviews the record and may approve, deny, or issue an RFE or NOID. With premium processing, USCIS acts within 15 business days.[4,19]
Decision
USCIS sends the decision in writing. An approval shows you qualify for EB-1A; it does not itself grant permanent residence or work authorization.[10]
Green card stage
When your priority date is current under the chart USCIS designates for that month, you file Form I-485 in the United States or apply for an immigrant visa abroad through the NVC.[22,26]
USCIS published processing time
OfficialMedian from USCIS's quarterly report
- I-140 · FY2026 Q3 · all offices3.9 months
All I-140 categories combined; the report does not split I-140 by category.
Half of the cases USCIS completed in that quarter took this long or less, from receipt to decision. Half took longer. The report does not say whether premium-processing cases are included. It is a different measure from the processing-times tool, so the two are not compared.
For the current figure for your form and office, check USCIS directly: USCIS processing times
Source: All USCIS Application and Petition Form Types (Fiscal Year 2026, Quarter 3) · Retrieved Sep 27, 2026
Spouse and children
Your spouse and unmarried children under 21 can become permanent residents as your dependents. They get the same category and priority date, whether they immigrate with you or join you later.[6,8]
Family members do not need their own I-140; they qualify through yours. In the United States, each family member files a separate Form I-485 with its own fee, and a child under 14 filing with a parent pays a lower fee.[3,6]
Children must stay unmarried and under 21. Under the Child Status Protection Act (CSPA), a child's CSPA age is their age when a visa becomes available minus the time the I-140 was pending, which can keep some children eligible after their 21st birthday.[27]
For requests filed on or after August 15, 2025, a visa counts as available on the later of the I-140 approval date or the first day of the month the Visa Bulletin's Final Action Dates chart shows a visa available for you. The child must seek permanent residence within one year of that date, for example by filing Form I-485.[27,28]
While their I-485 is pending, family members can apply for a work permit (Form I-765) and an advance parole travel document (Form I-131). Each form has its own fee.[3,29]
Adjustment of status (I-485)
If you are in the United States, you can apply for your green card on Form I-485 once an EB-1 visa number is immediately available to you. You may file it together with the I-140 or after it.[7,24]
Each month, USCIS states whether employment-based applicants must use the Visa Bulletin's Final Action Dates chart or may use the Dates for Filing chart.[7,26]
Self-petitioners can file Form I-140 and Form I-485 together online.[29]
Submit the medical exam report (Form I-693) with the I-485; otherwise USCIS may reject the application.[29]
Use the current edition of Form I-485. USCIS published a new edition on September 18, 2026, to implement a new public charge rule, and rejects older editions postmarked or submitted on or after that date.[29]
EB-1A applicants do not file Form I-485 Supplement J, because the category is not tied to a job offer. You may change employers or become self-employed while the I-485 is pending, but you need to keep working in your area of expertise.[30]
Adjustment of status is discretionary. A May 2026 USCIS policy memo reminds officers that meeting the requirements does not by itself mean approval, and that a discretionary denial must explain the positive and negative factors weighed.[31]
Visa Bulletin · EB-1 · Oct 2026
Official| Chargeability | Final action date | vs. last month | Date for filing |
|---|---|---|---|
| All countries (incl. Taiwan) | — | — | Current |
| China (mainland-born) | — | — | Jul 1, 2024 |
| India | — | — | Jul 1, 2024 |
| Mexico | — | — | Current |
| Philippines | — | — | Current |
USCIS accepts the Date for filing chart for employment-based I-485 filing in Oct 2026.
Source: USCIS — When to File Your Adjustment of Status Application: October 2026 (USCIS's copy of the Visa Bulletin chart it designated) · Retrieved Oct 12, 2026
Consular processing
If you live outside the United States, or choose to apply abroad, USCIS sends the approved I-140 to the Department of State's National Visa Center (NVC). It stays there until a visa number is available for you.[22]
The NVC tells you when to pay visa fees and send documents. When your priority date is current, the consulate schedules an interview and decides whether to issue the immigrant visa.[22]
After the visa is issued, pay the $235 USCIS Immigrant Fee online, ideally before you travel. USCIS mails the green card after you are admitted and does not send it until the fee is paid.[3,22,32]
Tell the NVC if you change your address or marital status, or if a child turns 21, because these changes can affect eligibility.[22]
Common mistakes
Patterns drawn from USCIS guidance. They do not replace advice on your own case.
- Interpretation Treating three criteria as the finish line. Meeting three criteria only opens the final merits review, where the whole record must show top-of-field acclaim.[2]
- Interpretation Building the case on recommendation letters. The Policy Manual says letters need documentary corroboration, and letters that restate the legal standard are generally not persuasive.[2]
- Interpretation Counting invitations as judging. USCIS looks for proof that you actually completed the reviews, not only that you were invited.[2]
- Interpretation Submitting coverage of your employer, or paid content, as published material about you. The material should be about you and your work; marketing and paid placements generally do not count.[2]
- Interpretation Listing memberships that anyone can join. Membership based on dues, education, years of experience, or a job requirement does not show outstanding achievement.[2]
- Interpretation Comparing your salary with the wrong data. Broad occupation categories, unreliable self-reported surveys, or converting a foreign salary into U.S. dollars can weaken a high-salary claim.[2]
- Interpretation Leaving out the continuing-work evidence. The petition needs clear evidence of how you will keep working in your field in the United States.[1]
- Interpretation Relying on achievements after the filing date. Eligibility is judged as of filing, so later accomplishments cannot fix a gap that existed then.[19,21]
- Interpretation Filing an incomplete package and waiting for an RFE. Since August 5, 2026, USCIS may deny for missing initial evidence without sending one.[20]
Common RFE reasons
USCIS does not publish statistics on RFE reasons. These topics follow the issues an officer has to resolve under the regulation and the Policy Manual.
Interpretation EB-1A RFEs generally follow the two-step review: whether a claimed criterion is actually met (for example, whether an award is nationally recognized or a role was truly critical), and whether the record as a whole shows sustained acclaim at the top of the field.[2,21]
An RFE has to identify the requirement that is not yet established, explain why the evidence falls short, and give examples of other evidence that could help.[21]
For EB-1A, the Policy Manual tells officers to explain the deficiencies and, where possible, give examples of persuasive evidence, rather than only restating the requirements.[2]
Specific evidence
- Lesser national or international awardsWhether an award you received is nationally or internationally recognized for excellence in your field.
- Membership requiring outstanding achievementWhether an association admits members based on outstanding achievements judged by recognized experts.
- Published material about youWhether articles or coverage are about you and your work and appeared in qualifying media.
- Judging the work of othersWhether you actually served as a judge of others' work in your field or an allied field.
- Original contributions of major significanceWhether your original work has had major significance in your field.
- Authorship of scholarly articlesWhether you have authored scholarly articles in qualifying publications, and what their caliber shows.
- Artistic exhibitions or showcasesWhether your own work was displayed at artistic exhibitions or showcases.
- Leading or critical roleWhether your role was leading or critical for an organization, or a division of one, with a distinguished reputation.
- High salary or remunerationWhether your pay is high compared with others in your field, using reliable comparison data.
- Commercial success in the performing artsWhether sales or box office results show commercial success compared with others in the performing arts.
- Comparable evidenceWhether a criterion truly does not readily apply to your occupation, and whether the substitute evidence is truly comparable.
Eligibility criteria
- Final merits determinationWhether the record as a whole shows sustained acclaim and a place among the small percentage at the very top of your field.
- Sustained acclaimWhether your national or international acclaim has been maintained over time.
- Continuing work in your fieldWhether you will keep working in your area of extraordinary ability in the United States.
After you file
Receipt notice
USCIS sends a receipt notice (Form I-797). Keep it: it shows your priority date, and you need a copy if you add premium processing later.[5,7,25]
Possible interview or biometrics
USCIS may ask you to attend an interview or give biometrics before it decides the I-140.[10]
RFE, NOID, or decision
USCIS may approve, deny, send an RFE (response time of up to 12 weeks), or send a NOID (up to 30 days). It may also deny without an RFE if required initial evidence is missing.[19,20]
Approval
An approval notice means you qualify for the classification. It does not by itself give you a green card or work authorization; the next step depends on visa availability.[7,10]
Denial
A denial notice explains the reasons and whether you can appeal. Most appeals and motions on Form I-290B are due within 30 days after the decision is served, or 33 days if it was mailed.[22,33]
Keep your address current
If you are not a U.S. citizen, report a change of address to USCIS within 10 days of moving.[10]
After an RFE
Check the deadline
The notice states the deadline. An RFE allows at most 12 weeks and the officer may set less; a NOID allows at most 30 days. USCIS cannot extend either, and adds 3 days only if the notice was mailed.[19,20,21]
Respond once, completely
Send everything requested together, with the original notice. If you send only part of it, USCIS treats that as a request for a decision on the record.[19,21]
Premium clock restarts
If you paid for premium processing, a new 15-business-day period starts when USCIS receives your response.[4,5]
Possible result: approval
If the response establishes eligibility, USCIS approves the petition.[19]
Possible result: another RFE or a NOID
If your response raises new questions, the officer may send a follow-up RFE or a NOID. Officers are told to ask for everything in one RFE where possible.[21]
Possible result: denial
If the record still does not establish eligibility, USCIS denies the petition and explains why. Evidence showing you became eligible only after the filing date cannot fix the gap.[19,21,34]
If you miss the deadline
USCIS may deny the petition as abandoned, on the record, or both. A denial for abandonment cannot be appealed, but you may file a motion to reopen.[19]
After a denial
You can generally appeal to the Administrative Appeals Office (AAO) or file a motion to reopen or reconsider on Form I-290B ($800), within 30 days after the decision is served (33 days if it was mailed).[3,33]
Latest official statistics
Figures come from USCIS's quarterly Form I-140 reports and refresh when USCIS publishes a new quarter.
Official USCIS statistics
OfficialDecision approval rate · FY2026 Q3
32.2%
Approved 1,348 · Denied 2,832
▼ 34.3 pts vs. same period a year earlier (FY2025 Q3: 66.5%)
Approved ÷ (approved + denied) in the same period. Pending cases are not counted. Decisions in a quarter can come from petitions filed earlier, so this is the share of decisions that were approvals — not the chance that a petition filed today will be approved.
Source: Form I-140 by Fiscal Year, Quarter and Case Status (Fiscal Year 2022, 4th Quarter, Jul. 1 - Sep. 30, 2022) · Published Dec 16, 2022 · Retrieved Sep 27, 2026
Source: Form I-140 by Fiscal Year, Quarter and Case Status (Fiscal Year 2023, Quarter 4) · Published Jan 11, 2024 · Retrieved Sep 27, 2026
Source: Form I-140 by Fiscal Year, Quarter and Case Status (Fiscal Year 2024, Quarter 4) · Published Dec 16, 2024 · Retrieved Sep 27, 2026
Source: Form I-140 by Fiscal Year, Quarter and Case Status (Fiscal Year 2025, Quarter 4) · Published Mar 24, 2026 · Retrieved Sep 27, 2026
USCIS publishes quarterly Form I-140 counts of petitions received, approved, denied, and pending by classification. EB-1A appears in those reports as 'Alien of Extraordinary Ability (E11)'.[35,36]
The counts are petitions, not people. USCIS notes that one person can have more than one petition, and that approvals or denials in a quarter may involve petitions received earlier.[35]
Historical statistics
We keep every edition we collect, so revisions stay visible.
EB-1A by fiscal year (official)
Official| Period | Received | Approved | Denied | Decision approval rate |
|---|---|---|---|---|
| FY2025 | 29,582 | 12,468 | 6,165 | 66.9% |
| FY2024 | 20,166 | 12,231 | 4,703 | 72.2% |
| FY2023 | 15,905 | 10,356 | 4,156 | 71.4% |
| FY2022 | 10,481 | 5,623 | 1,608 | 77.8% |
| FY2021 | — | 5,330 | — | — |
| FY2020 | — | 3,430 | — | — |
| FY2019 | — | 4,876 | — | — |
| FY2018 | — | 7,362 | — | — |
| FY2017 | — | 8,341 | — | — |
Source: Form I-140 Approvals by Preference and Country (Fiscal Year 2022, Quarters 1 and 2) · Retrieved Sep 27, 2026
Source: Form I-140 by Fiscal Year, Quarter and Case Status (Fiscal Year 2022, 4th Quarter, Jul. 1 - Sep. 30, 2022) · Retrieved Sep 27, 2026
Source: Form I-140 by Fiscal Year, Quarter and Case Status (Fiscal Year 2023, Quarter 4) · Retrieved Sep 27, 2026
Source: Form I-140 by Fiscal Year, Quarter and Case Status (Fiscal Year 2024, Quarter 4) · Retrieved Sep 27, 2026
USCIS notes that its counts can differ from earlier reports because of system updates and post-decision outcomes.[35]
Current processing time
USCIS publishes these times based on past cases. They are not a promise for any single case.
USCIS published processing time
OfficialMedian from USCIS's quarterly report
- I-140 · FY2026 Q3 · all offices3.9 months
All I-140 categories combined; the report does not split I-140 by category.
Half of the cases USCIS completed in that quarter took this long or less, from receipt to decision. Half took longer. The report does not say whether premium-processing cases are included. It is a different measure from the processing-times tool, so the two are not compared.
For the current figure for your form and office, check USCIS directly: USCIS processing times
Source: All USCIS Application and Petition Form Types (Fiscal Year 2026, Quarter 3) · Retrieved Sep 27, 2026
Premium processing has its own timeframe set by regulation: 15 business days for an EB-1A I-140.[4]
Recent public cases
Timelines that applicants or their representatives made public, tracked by WELIVEINUSA. They are not official data and do not predict the outcome of an individual case.
Recent AAO decisions
Recent decisions from USCIS's Administrative Appeals Office in this category.
Recent AAO decisions
OfficialAAO decisions only include cases that were denied and then appealed. They show why some petitions fail — they are not an approval rate.
What the AAO did (this sample of 150, May 28, 2026 – Aug 31, 2026): Appeal dismissed 82% · Appeal sustained 0% · Remanded 18%“Remanded” means sent back to the service center for a new decision — not an approval.
- Aug 31, 2026Remanded
- Aug 31, 2026Appeal dismissed
- Aug 27, 2026Appeal dismissed
- Aug 27, 2026Appeal dismissed
- Aug 27, 2026Appeal dismissed
- Aug 26, 2026Appeal dismissed
Source: USCIS AAO non-precedent decisions · Retrieved Sep 27, 2026
Most AAO decisions are non-precedent: they bind only the parties in that case and do not create agency policy. USCIS can adopt a decision as policy guidance, and precedent decisions must be followed by Department of Homeland Security (DHS) employees in later cases.[37]
Recent policy changes
Checked against USCIS and Federal Register sources. The feed below adds new documents as they are published.
Changes we verified
- October 7, 2026: USCIS changed the mailing addresses for Form I-485, for Form I-290B, and for a Form I-907 sent to upgrade a pending I-140. Filings sent to a previous address are accepted if postmarked on or before November 9, 2026.[23,29,33]
- August 5, 2026: Policy alert PA-2026-05 restored officers' discretion to deny, without an RFE or NOID, a petition that lacks required initial evidence, and ended the extra 14 days for notices mailed abroad.[20]
- March 1, 2026: The premium processing fee for Form I-140 rose from $2,805 to $2,965.[4,9]
- September 18, 2026: A new edition of Form I-485 became mandatory, tied to the public charge final rule.[29]
- Gold Card program: Form I-140G (edition 09/11/26) is the petition for an immigrant visa under Executive Order 14351. The program uses two classifications: EB-1A, and EB-2 NIW based on exceptional ability. See the FAQ below.[38,39]
- August 15, 2025: For children immigrating with a parent, CSPA age is calculated using the Final Action Dates chart.[27,28]
- August 4, 2025: USCIS added guidance on athletes under Executive Order 14201 to the EB-1A chapter of the Policy Manual.[2]
- October 2, 2024: USCIS clarified that team awards and past memberships can count, that published material does not have to show the value of your work, and that non-artistic exhibitions count only as comparable evidence.[40]
Recent policy changes
Official- Certain DHS Immigration-Related Fees Required by HR-1: Fiscal Year 2027 Adjustments for InflationOct 1, 2026 · Federal Register (federalregister.gov API) · Not yet reviewed
- Certain DHS Immigration-Related Fees Required by HR-1: Fiscal Year 2027 Adjustments for InflationOct 1, 2026 · Federal Register (federalregister.gov API) · Not yet reviewed
- Fiscal Year 2027 Inflation Adjustment to H.R. 1 Immigration FeesOct 1, 2026 · Federal Register (federalregister.gov API) · Not yet reviewed
- U.S. Citizenship and Immigration Services Employment-Based Immigrant Visa, Fifth Preference (EB-5) Fee RuleSep 30, 2026 · Federal Register (federalregister.gov API) · Status: Final rule · Not yet reviewed
- USCIS Announces FY 2027 Inflation Increase for Certain Immigration-Related FeesSep 30, 2026 · USCIS alerts RSS feed · Not yet reviewed
Ask WELIVEINUSA Visa
Ask a question about this category. Answers cite official sources and are not legal advice.
Ask WELIVEINUSA Visa
Answers come from our sourced database and your own timeline, sorted into fact, public data, inference and unknown. No AI model is used in this version, so questions outside what we cover get an honest "not covered".
Questions people ask
Can I file an EB-1A petition for myself?
Yes. An EB-1A petition can be filed by you or by anyone on your behalf, and no employer sponsor is needed.[1,2]
Do I need a job offer?
No job offer or labor certification is required. You do need clear evidence that you will continue working in your area of expertise in the United States, such as offer letters, contracts, or a detailed statement of your plans.[1]
What is the difference between O-1 and EB-1A?
O-1 is a temporary work visa filed by a U.S. employer or agent; EB-1A is a green card you can self-petition. The O-1 standard for the sciences, education, business, and athletics is similar, but O-1 in the arts uses a lower 'distinction' standard. A prior O-1 approval is considered but does not decide an EB-1A petition.[2,13]
How fast is premium processing, and does it mean approval?
USCIS takes action within 15 business days for a $2,965 fee. Action can be an approval, a denial, an RFE, or a NOID; after an RFE, a new 15-business-day period starts when your response arrives.[4,5]
Can I file Form I-485 at the same time as the I-140?
Yes, if an EB-1 visa number is immediately available for your country under the chart USCIS designates for that month. Self-petitioners can file both forms together online.[24,26,29]
What does 'final merits' mean?
It is the second step of the review. After deciding which criteria your evidence meets, the officer looks at all of it together to decide whether you have sustained acclaim and are among the small percentage at the very top of your field, using the preponderance of the evidence standard.[2]
Is meeting three criteria enough?
Not by itself. Meeting three criteria is the required initial evidence; the final merits review must also find sustained acclaim at the very top of your field.[2]
Am I too early in my career?
The Policy Manual says 'sustained' does not imply an age limit, and a beneficiary may be very young or early in their career and still show sustained acclaim. The acclaim must be maintained, not achieved once and then lost.[2]
Can I change jobs after I file my I-485?
Yes. EB-1A is not tied to a job offer, so no Supplement J is needed, and you may change employers or become self-employed. You must continue to work in your area of expertise.[30]
Can I have an EB-1A and an NIW petition at the same time?
Yes. USCIS data notes that one person may have more than one petition. With more than one approved EB-1, EB-2, or EB-3 petition, you are entitled to the earliest priority date, unless that approval is revoked for fraud, willful misrepresentation of a material fact, or material error, or because the labor certification behind it was revoked or invalidated.[1,35]
What happens if my petition is denied?
The denial notice explains why. You can usually file an appeal or motion on Form I-290B within 30 days after the decision is served (33 if it was mailed). A denied petition does not establish a priority date, so a new petition would get a new one.[1,22,33,34]
Is the Gold Card the same as EB-1A?
No. The Gold Card program under Executive Order 14351 uses a separate petition, Form I-140G, filed online after registering at trumpcard.gov. It leads to an immigrant visa in one of two classifications, EB-1A or EB-2 NIW based on exceptional ability; under the current instructions (edition 09/11/26), USCIS decides the petition on the evidence and the Department of State may assign either classification. It requires lawfully obtained funds for an unrestricted gift to the Department of Commerce ($1 million per person for an individual self-petitioner), and the filing fee is $15,000 per person. This page covers the standard Form I-140 route.[38,39]
Related categories
Content last reviewed: Sep 27, 2026 · General information, not legal advice.
Sources
- 1.8 CFR 204.5 - Petitions for employment-based immigrantseCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
- 2.USCIS Policy Manual, Volume 6, Part F, Chapter 2 — Extraordinary AbilityUSCIS · USCIS Policy Manual · Checked Sep 27, 2026
- 3.Fee Schedule (Form G-1055) - USCISUSCIS · Form / instructions · Checked Oct 12, 2026
- 4.8 CFR 106.4 - Premium processing serviceeCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
- 5.How Do I Request Premium Processing? - USCISUSCIS · Agency page · Checked Sep 27, 2026
- 6.8 U.S.C. 1153 (INA 203) — Allocation of immigrant visasOffice of the Law Revision Counsel, U.S. House of Representatives · Statute · Checked Sep 27, 2026
- 7.Visa Availability and Priority DatesUSCIS · Agency page · Checked Sep 27, 2026
- 8.Employment-Based Immigration: First Preference EB-1USCIS · Agency page · Checked Sep 27, 2026
- 9.Adjustment to Premium Processing Fees - final rule (91 FR 1059)DHS (Federal Register) · Federal Register · Published Jan 12, 2026 · Checked Sep 27, 2026
- 10.Instructions for Form I-140 (edition 06/07/24)USCIS · Form / instructions · Checked Sep 27, 2026
- 11.Employment-Based Immigration: Second Preference EB-2 (includes National Interest Waiver filing tips)USCIS · Agency page · Checked Sep 27, 2026
- 12.USCIS Policy Manual, Volume 6, Part F, Chapter 5 — Advanced Degree or Exceptional AbilityUSCIS · USCIS Policy Manual · Checked Sep 27, 2026
- 13.O-1 Visa: Individuals with Extraordinary Ability or AchievementUSCIS · Agency page · Checked Sep 27, 2026
- 14.Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010)U.S. Court of Appeals for the Ninth Circuit · Court · Published Mar 4, 2010 · Checked Sep 27, 2026
- 15.Matter of Chawathe, 25 I&N Dec. 369 (AAO 2010)USCIS Administrative Appeals Office (published in DOJ EOIR Virtual Law Library) · AAO decision · Published Oct 20, 2010 · Checked Sep 27, 2026
- 16.I-140, Immigrant Petition for Alien Workers - USCISUSCIS · Form / instructions · Checked Sep 27, 2026
- 17.Checklist of Required Initial Evidence for Form I-140 (for informational purposes only)USCIS · Agency page · Checked Sep 27, 2026
- 18.Forms Available to File Online - USCISUSCIS · Agency page · Checked Oct 12, 2026
- 19.8 CFR 103.2 - Submission and adjudication of benefit requestseCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
- 20.Policy Alert PA-2026-05: Evidence, Requests for Evidence, and Notices of Intent to DenyUSCIS · USCIS Policy Manual · Published Aug 5, 2026 · Checked Sep 27, 2026
- 21.USCIS Policy Manual, Volume 1, Part E, Chapter 6 - EvidenceUSCIS · USCIS Policy Manual · Checked Sep 27, 2026
- 22.Consular ProcessingUSCIS · Agency page · Checked Sep 27, 2026
- 23.Direct Filing Addresses for Form I-140, Immigrant Petition for Alien WorkerUSCIS · Agency page · Checked Oct 12, 2026
- 24.8 CFR 245.2 — Application (adjustment of status)eCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
- 25.Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien WorkersUSCIS · Agency page · Checked Sep 27, 2026
- 26.Adjustment of Status Filing Charts from the Visa BulletinUSCIS · Agency page · Checked Sep 27, 2026
- 27.Child Status Protection Act (CSPA)USCIS · Agency page · Checked Sep 27, 2026
- 28.Policy Alert PA-2025-15: Revising Age Calculation Under the Child Status Protection ActUSCIS · USCIS Policy Manual · Published Aug 8, 2025 · Checked Sep 27, 2026
- 29.I-485, Application to Register Permanent Residence or Adjust StatusUSCIS · Form / instructions · Checked Oct 12, 2026
- 30.USCIS Policy Manual, Volume 7, Part E, Chapter 5 — Job Portability after Adjustment Filing and Other AC21 ProvisionsUSCIS · USCIS Policy Manual · Checked Sep 27, 2026
- 31.Policy Memorandum PM-602-0199: Adjustment of Status is a Matter of Discretion and Administrative GraceUSCIS · Agency page · Published May 21, 2026 · Checked Sep 27, 2026
- 32.USCIS Immigrant FeeUSCIS · Agency page · Checked Sep 27, 2026
- 33.I-290B, Notice of Appeal or Motion - USCISUSCIS · Form / instructions · Checked Oct 12, 2026
- 34.8 CFR 103.3 — Denials, appeals, and precedent decisionseCFR · Regulation · Checked Sep 27, 2026
- 35.Form I-140 by Fiscal Year, Quarter, and Case Status — FY2026 Q3 (XLSX)USCIS · Official data · Checked Sep 27, 2026
- 36.Immigration and Citizenship Data (USCIS data library)USCIS · Agency page · Checked Sep 27, 2026
- 37.The Administrative Appeals Office (AAO)USCIS · Agency page · Checked Sep 27, 2026
- 38.I-140G, Immigrant Petition for the Gold Card ProgramUSCIS · Form / instructions · Checked Oct 12, 2026
- 39.Instructions for Form I-140G (edition 09/11/26)USCIS · Form / instructions · Checked Oct 12, 2026
- 40.Policy Alert PA-2024-24: Extraordinary Ability Criteria ClarificationUSCIS · USCIS Policy Manual · Published Oct 2, 2024 · Checked Sep 27, 2026
- 41.Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016)USCIS Administrative Appeals Office (published in DOJ EOIR Virtual Law Library) · AAO decision · Published Dec 27, 2016 · Checked Sep 27, 2026