The EB-1A classification is for foreign nationals with extraordinary ability in the sciences, arts, education, business, or athletics, demonstrated by sustained national or international acclaim. This is a first-preference employment-based category that does not require a job offer or labor certification.
The person has extraordinary ability in the sciences, arts, education, business, or athletics, which has been demonstrated by sustained national or international acclaim, and whose achievements have been recognized in the field through extensive documentation.
The person seeks to enter the United States to continue work in the area of extraordinary ability.
The person's entry into the United States will substantially benefit the United States in the future.
02
Two-Step Review Process
Step One
Assess whether evidence meets regulatory criteria: Determine, by a preponderance of the evidence, which evidence submitted by the petitioner objectively meets the parameters of the regulatory description that applies to that type of evidence.
Step Two
Final merits determination: Evaluate all the evidence together when considering the petition in its entirety for the final merits determination, in the context of the high level of expertise required for this immigrant classification. The beneficiary must be 'one of that small percentage who have risen to the very top of the field of endeavor.'
03
Regulatory Criteria
1. Awards & Prizes
Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
Examples
Awards from well-known national institutions or professional associations
Doctoral dissertation awards
Awards recognizing presentations at nationally or internationally recognized conferences
Team awards where the person is a recipient
2. Membership in Associations
Membership in associations in the field which require outstanding achievement of their members, as judged by recognized national or international experts.
Examples
Fellowship with prestigious organizations or institutions
Membership in professional associations requiring outstanding achievements
Memberships judged by panels of current fellows or experts
3. Published Material About You
Published material about the person in professional or major trade publications or other major media, relating to the person's work in the field. Must include title, date, and author.
Examples
Newspaper or magazine articles about you and your work
Academic journal articles discussing your contributions
Books or textbooks featuring your work
Transcripts of audio or video coverage
4. Judging the Work of Others
Participation, either individually or on a panel, as a judge of the work of others in the same or an allied field.
Examples
Peer reviewing for scholarly journals
Peer review of abstracts or papers for conferences
Serving on Ph.D. dissertation committees
Peer reviewer for government research funding programs
5. Original Contributions of Major Significance
Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.
Examples
Published materials about the significance of your original work
Testimonials and letters about your original contributions
Documentation of high citation levels indicative of major significance
Patents, licenses, or commercial use of your work
6. Scholarly Articles
Authorship of scholarly articles in the field, in professional or major trade publications or other major media.
Examples
Publications in peer-reviewed journals
Published conference presentations at recognized conferences
Articles written for learned persons in the field
7. Artistic Exhibitions or Showcases
Display of the person's work at artistic exhibitions or showcases.
Examples
Solo or group exhibitions at recognized galleries
Museum exhibitions featuring your work
Virtual showcases of artistic work
8. Leading or Critical Role
Performance in a leading or critical role for organizations or establishments that have a distinguished reputation.
Examples
Senior faculty or research position for a distinguished academic department
Senior research position for a distinguished institution or company
Principal investigator for merit-based government grants (e.g., SBIR)
Founder or co-founder contributing IP to a distinguished startup
Member of a key committee within a distinguished organization
9. High Salary or Remuneration
Command of a high salary or other significantly high remuneration for services, in relation to others in the field.
Examples
Salary significantly above the norm for the field
High remuneration evidenced by contracts or pay statements
Comparative wage data showing high compensation
10. Commercial Success in Performing Arts
Commercial successes in the performing arts, as shown by box office receipts, record/video/DVD sales, or other measures.
Examples
Box office receipts or ticket sales data
Record, video, or streaming sales figures
Ratings or other measures of commercial success
04
Application Process
Initial Evaluation
Detailed assessment of your credentials against the 10 regulatory criteria to determine eligibility.
Strategy Development
Identifying which criteria you meet and developing a comprehensive evidence strategy.
Evidence Compilation
Gathering and organizing extensive documentation - often hundreds of pages of evidence.
Petition Drafting
Preparing Form I-140 with a detailed cover letter explaining how you meet the criteria.
USCIS Filing
Filing the petition with USCIS. Premium processing (15 days) is available.
Adjudication
USCIS conducts two-step review: criteria assessment, then final merits determination.
RFE Response (if issued)
If USCIS requests additional evidence, we prepare a comprehensive response.
Approval & Green Card
Once I-140 is approved, proceed with Adjustment of Status or Consular Processing.
05
Key Benefits
No employer sponsorship required (Self-Petition)
No PERM Labor Certification required
Premium Processing available (15 business days)
Green Card for spouse and unmarried children under 21
No job offer requirement
Concurrent filing possible when priority date is current
06
Documents Needed
Valid Passport
Curriculum Vitae / Resume
Evidence of Awards & Prizes
Membership Certificates
Published Articles & Media Coverage
Citation Reports
Letters of Recommendation from Experts
Evidence of Judging/Peer Review
Patents or Commercial Success Documentation
Employment & Salary Records
07
Frequently Asked Questions
What does 'sustained national or international acclaim' mean?
Sustained acclaim means you must have maintained recognition in your field over time. There is no specific time frame, and even young professionals early in their careers can demonstrate sustained acclaim if they have maintained a comparable level of recognition since their achievements.
Can I self-petition for EB-1A?
Yes! One of the major benefits of EB-1A is that you can file the petition yourself without an employer sponsor. Anyone can file the petition on behalf of the beneficiary, including the beneficiary themselves as a self-petitioner.
How many of the 10 criteria must I meet?
You must meet at least 3 of the 10 regulatory criteria, OR provide evidence of a one-time major achievement such as a Nobel Prize, Olympic Medal, or similar major internationally recognized award.
What is the two-step review process?
USCIS uses a two-step analysis: First, they determine if your evidence meets the regulatory criteria. Second, they evaluate all evidence together to determine if you are 'one of that small percentage who have risen to the very top of the field.'
Can athletes who become coaches qualify?
If you achieved national or international acclaim as an athlete and have sustained that acclaim in coaching or managing at a national level, USCIS may consider the totality of evidence as establishing extraordinary ability in coaching.
What if I receive a Request for Evidence (RFE)?
RFEs are common and not a denial. They indicate USCIS needs additional documentation. We specialize in crafting detailed RFE responses that address all USCIS concerns comprehensively.
08
Fees
Initial Installment
$2,500
Attorney Fee (including LoRs)
Research $8,150 | Business $12,150
USCIS Fee
$715
USCIS Fee for Premium Processing (optional)
$2,805
Reduced USCIS fee for Asylum program
$300
FedEx Fee
—
Fees are estimates and may change. Contact us for a quote for your specific case.
Need help with your immigration case?
Hasan Legal PC attorneys handle USCIS petitions, family immigration, employment-based green cards, and naturalization across Washington DC, Virginia and Maryland.