EB-1A green card
Your own green card, with no employer needed
EB-1A is a green card for people at the very top of their field. You can file it yourself. There is no lottery and no job offer. You need proof that your field already knows your work.
- Who files
- You, or anyone for you
- Employer needed
- No
- Lottery to enter
- No
- Legal fee from
- $8,995 flat
What it is
What EB-1A gives you
EB-1A is a green card for people with extraordinary ability in science, arts, education, business or athletics. USCIS means you are one of the small percentage who have risen to the very top of your field.
The big change is who is in control. You do not need an employer to sponsor you. You do not need a job offer or a labor certification from the Department of Labor. You can file the petition for yourself. Your spouse and unmarried children under 21 may be able to get green cards with you.
You still need to show you will keep working in your field in the US. Letters from future employers, contracts, or your own detailed plan can show this. You also need to show your work will substantially benefit the United States in the future.
It fits people with a strong, documented record: researchers with cited work and completed peer reviews, engineers whose work is used or licensed, founders of well-known startups, artists with major reviews, and athletes with national or international results.
It is a high bar. If you are strong but not at the top yet, EB-2 NIW or an O-1 visa may fit better for now. A partner-firm attorney confirms whether you qualify before anything is filed.
The criteria
The 10 criteria, in plain English
You need one major, internationally recognized award, such as a Nobel Prize. Or you need evidence that meets at least 3 of these 10 criteria. Here is what each one means, and what does not count.
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Awards
National or international prizes or awards you received for excellence in your field. A team award can count if you are one of the people who received it, for example you got your own medal or certificate, or the announcement names you. Does not count: an award that went to your company, not you. Awards open only to one town, employer or school often carry little national weight.
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Membership
Membership in an association that requires outstanding achievement, judged by recognized national or international experts. A society’s fellow level can qualify when experts judged your work. Does not count: membership you got through a degree, years of experience, a fee, a subscription, or a job requirement such as a union.
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Press about you
Articles about you and your work in professional or major trade publications or major media. You need the title, date and author, plus a translation if needed. Does not count: a passing mention, an article only about your employer, or marketing written to sell your product or service.
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Judging others’ work
You judged the work of others in your field or a related one, alone or on a panel. Examples are peer review for journals, grant review, conference paper review and dissertation committees. Does not count: an invitation alone. You need the request and proof you actually finished the review.
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Major original contributions
Original work that made a major impact on your field. Proof can be citations well above others in your field, commercial use, licensing, or detailed expert letters backed by documents. Does not count on its own: a patent, funding or a publication. These show your work is original, not that it mattered widely.
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Scholarly articles
Articles you wrote, as a listed author, in professional journals, major trade publications or major media. You do not need to be first author, and citations are not required for this criterion. Does not count well: pieces not written for experts in your field, such as a personal blog post or a sales piece.
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Exhibitions
Your own work shown at artistic exhibitions or showcases, in person or online. Does not count directly: trade shows and other shows that are not artistic. Those can only be used as comparable evidence, with an explanation. Being selected is not enough until your work is actually shown.
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Leading or critical role
A leading or critical role for an organization, or a division of one, with a distinguished reputation. What you did matters more than your title. Detailed letters from people who saw your impact help. Does not count: a big title with no proof of impact, or an organization whose reputation is not shown.
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High pay
Salary or other pay that is high compared with others in your field. Show pay records plus salary surveys for your role and location. Does not count: comparing yourself with a broad job category, or salary websites with few user reports. Pay earned abroad is compared with local pay there, not converted to US dollars.
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Commercial success in the performing arts
Box office receipts or sales of records or videos that show real commercial success. Does not count: simply releasing music or appearing in a show. The numbers have to show success.
Meeting 3 criteria is step one, not the finish line. In step two, USCIS weighs all your evidence together and asks if you truly have sustained acclaim at the top of your field. If a criterion does not really fit your job, you may use comparable evidence with a clear explanation. There is no comparable evidence for the one-time major award.
Compare
EB-1A, O-1A or EB-2 NIW?
These three routes use some of the same evidence. They are not the same thing. Here is how they differ.
| EB-1A | O-1A | EB-2 NIW | |
|---|---|---|---|
| What you get | Green card | Temporary work visa | Green card |
| Who files | You, or anyone for you | A US employer or agent. A US company you own can file. | You, or an employer |
| Job offer needed | No | Yes, work set up by the petitioner | No, if the waiver is granted |
| The bar | Top of your field, with sustained acclaim | Top of your field, with sustained acclaim | Advanced degree or exceptional ability, plus 3 national interest tests |
| Evidence | Major award, or 3 of 10 criteria | Major award, or 3 of 8 criteria | EB-2 proof, plus merit, national importance and being well positioned |
| Yearly limit | Yes, with country limits | No yearly limit | Yes, with country limits |
| Premium processing | 15 business days | 15 business days | 45 business days |
| Legal fee from | $8,995 | $6,999 | $7,995 |
O-1 and EB-1A use similar criteria, but each petition is judged on its own. An O-1 approval does not mean EB-1A approval. You can hold an O-1 while you seek a green card.
How it works
From first check to green card
Here is the path, step by step. Your attorney confirms each step for your case.
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See where you stand
FreeUpload your resume to Frank’s free evaluation. You see your standing on each criterion and your thin areas, named plainly. No account or card needed.
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Fill real gaps with real evidence
VariesFrank finds panels, peer review, awards, memberships, speaking calls and press that fit your gaps. You approve each application. Proof is saved as evidence as you go.
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Attorney review and strategy
A senior attorney at the partner firm leads your case and writes a legal strategy memo. You get a flat fee quote before you sign.
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Letters and petition
You get coaching on recommendation letters. The attorneys prepare your Form I-140 petition. A second attorney reviews it before it goes out.
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File Form I-140
15 business days with premiumYou can add premium processing. Then USCIS must act within 15 business days. That can be an approval, a denial or a request for more evidence.
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Final step to your green card
Depends on your countryWhen a visa number is available for you, you file Form I-485 in the US, or apply for an immigrant visa abroad. If a number is already available, you can file Form I-485 at the same time as your I-140.
Costs
What EB-1A costs
Government fees go to USCIS. The legal fee goes to the partner law firm. Both are shown so money is not a surprise.
| What | Paid to | Amount |
|---|---|---|
| Form I-140 filing fee | USCIS | $715 by mail, $665 online |
| Asylum Program Fee, if you file for yourself | USCIS | $300 |
| Premium processing, optional (Form I-907) | USCIS | $2,965 |
| Form I-485, if you apply inside the US (age 14 and over) | USCIS | $1,440 by mail, $1,390 online where allowed |
| Work permit while I-485 is pending, optional (Form I-765) | USCIS | $260 |
| Travel document while I-485 is pending, optional (Form I-131) | USCIS | $630 by mail |
| USCIS Immigrant Fee, if you finish abroad | USCIS | $235 |
| Immigrant visa fees, if you finish abroad | US Department of State | Set by the State Department |
| Legal fee, flat, never hourly | Partner law firm | From $8,995 (tiers: $8,995, $10,975, $14,975, $17,975) |
Government fees are from the USCIS Fee Schedule (Form G-1055, edition 09/09/26), as of September 2026. If an employer with more than 25 full-time equivalent employees files, the Asylum Program Fee is $600. It is $0 for nonprofits, such as not-for-profit universities. If you file Form I-140 together with premium processing, you must file by mail. Fees change, so your attorney confirms them before filing. The legal fee includes a senior-attorney case lead, a strategy memo, petition preparation and filing, letter coaching, second-attorney review, an RFE or NOID response if one comes, unlimited communication, a case portal and visa stamping support. Paid separately: government fees, optional premium processing, translations and documents, and any third-party expert opinion letters.
Timeline
How long it takes, honestly
USCIS processing times change and depend on your case. Check the current USCIS processing times. We will not promise you a date.
With premium processing, USCIS must act on your I-140 within 15 business days. If USCIS asks for more evidence, the clock stops. A new 15 business days starts when USCIS gets your answer.
After approval, you may still wait for a visa number. EB-1 green cards have yearly limits, and there are limits by country too, usually your country of birth. Your place in line is your priority date. For EB-1A, that is the date USCIS accepts your I-140.
When your date is current in the monthly Visa Bulletin, you can take the last step. For some countries, the wait after approval can take years. Your attorney will check the latest chart for your country before you plan.
How we help
Less guessing, fewer lost evenings
Frank, your extraordinary ability partner, helps you get ready. Licensed attorneys at an independent partner firm do all the legal work, under a separate agreement. Green Card Guide is not a law firm. The evaluation is free. Frank starts from $49 a month, with 7 days free and no card.
Know where you stand
Frank’s free evaluation checks your resume against each EB-1A criterion. You see what is strong, what is thin, and what to work on first.
Real opportunities, ranked
Frank finds panels, peer review, awards, memberships, speaking calls and press, ranked by the criterion they help. No paid awards, bought panel seats, pay-to-play memberships or pay-to-publish journals.
Busywork off your plate
Frank prepares and submits the applications you approve. It saves your proof as evidence in USCIS exhibit format. A weekly email tells you the next step.
Two attorneys on your petition
A lead attorney and a second reviewer work on every petition. The flat legal fee is quoted before you sign. If USCIS sends an RFE or NOID on a case they filed, the response is included.
FAQ
Questions people ask us
No employer, job offer or labor certification is needed for EB-1A. You can file for yourself. You do need to show you will keep working in your field in the US. Whether to tell your employer depends on your situation, so ask your partner-firm attorney.
Not automatically. Meeting 3 criteria gets you to step two. Then USCIS looks at all your evidence together and decides if you have sustained acclaim at the very top of your field. Quality matters more than the number of documents.
Maybe, but not automatically. The criteria look alike, but each petition is judged on its own. For artists, the bar is higher: O-1B asks for distinction, while EB-1A asks that you be among the small percentage at the very top.
No. Premium processing only covers the I-140 decision, in 15 business days. After that, you may wait for a visa number, depending on your country. Then your green card application takes its own time.
It rarely helps and can hurt. Membership you get by paying a fee does not count. Marketing pieces are not press about you. Frank does not suggest paid awards, bought panel seats, pay-to-play memberships or pay-to-publish journals.
No. It is information to help you plan. A licensed attorney at the partner firm confirms whether you qualify before anything is filed. No outcome is guaranteed.
Sources · checked September 2026
- 8 CFR 204.5(h), Aliens with extraordinary ability (eCFR)
- USCIS Policy Manual, Vol. 6, Part F, Ch. 2, Extraordinary Ability (current as of Sept. 18, 2026)
- USCIS: Employment-Based Immigration, First Preference EB-1
- USCIS Fee Schedule, Form G-1055 (edition 09/09/26)
- USCIS: Frequently Asked Questions on the USCIS Fee Rule (archive)
- USCIS: G-1055 Fee Schedule page
- USCIS: Form I-140 page (filing and fee guidance)
- USCIS: Guidance on Paying Fees for Form I-140 (Asylum Program Fee)
- USCIS: How Do I Request Premium Processing?
- USCIS: Visa Availability and Priority Dates
- USCIS: Adjustment of Status Filing Charts from the Visa Bulletin
- USCIS: Options for Alien Entrepreneurs to Work in the United States
- USCIS Policy Manual, Vol. 2, Part M, Ch. 4 (O-1 evidence)
- USCIS Policy Manual, Vol. 6, Part F, Ch. 5 (EB-2 and NIW)
- 8 CFR 214.2(o)(13), O-1 and green card intent (eCFR)
- USCIS: Forms Available to File Online (updated 07/24/2026; I-485 online with I-140)
- U.S. Department of State: Visa Bulletin
- USCIS: Check Case Processing Times
This page is general information, not legal advice. Rules and fees change; a partner-firm attorney confirms what applies to you before anything is filed.
