The EB1A Application Process: 2025 Step-by-Step Guide
- Brandosaur
- July 18, 2025
- 2:42 pm
The EB1A (EB-1A) visa is a first-preference (EB-1) employment-based green card for immigrants with extraordinary ability in the sciences, arts, education, business, or athletics. In other words, many newcomers ask What is EB1A? It is a permanent-residence category for people at the very top of their field who can show sustained national or international acclaim. EB1A visa requirements do not include a job offer or labor certification; you can self-petition.
This guide walks you through the EB1A application process under current USCIS rules: eligibility criteria, documentation, filing steps, fees, processing times, and success metrics.
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EB1A Eligibility Criteria & Requirements
Before applying, ensure you meet USCIS’s EB1A criteria. USCIS requires extraordinary ability demonstrated by either a major one-time award (e.g., Nobel Prize, Olympic medal) or at least three of the ten criteria listed for EB1A. These ten evidentiary categories include, for example, national awards, scholarly articles, original contributions of major significance, membership in elite associations, judging others’ work, high salary, and more. Each petition must include supporting documents meeting at least three criteria. For instance:
- Prizes or Awards: Evidence of nationally or internationally recognized awards or prizes for excellence.
- Publications or Citations: Published articles or media coverage about you in major outlets.
- Original Contributions: Proof of significant innovations or impacts (patents, research findings) recognized by experts.
- Judging Others’ Work: Invitations to judge industry competitions or peer-review panels.
- Leadership Roles: Evidence of leading or critical roles in prestigious organizations.
- High Salary: Contracts or pay stubs showing you earn more than peers in your field.
Each piece of evidence must be carefully documented in a cover letter that ties it to the EB1A requirements. For a detailed strategy, see Brandosaur’s EB1A Profile Building guide, which outlines how to strengthen your application.
Important: Simply being very good at your job is usually not enough. You must show sustained acclaim and that you are among the very small percentage of top achievers. In practice, USCIS looks for clear proof that you rank at the top of your profession.
Step-by-Step EB1A Application Process
Follow these main steps to prepare and file your petition:
Step 1: Confirm Eligibility & Gather Evidence
Review the EB1A criteria and identify which ones you meet. Collect strong documentation – e.g., award certificates, letters and press clippings, publications, patents, membership certificates, contracts, etc. Build a portfolio that tells your story. You can explore our EB1A common mistakes post to avoid pitfalls like missing evidence. Allow weeks or months to assemble and organize your case.
Step 2: Prepare and Complete USCIS Forms
The central form is Form I-140 (Immigrant Petition for Alien Worker). If you have an attorney, also prepare Form G-28 (notice of attorney representation). If you want faster processing, prepare Form I-907 for Premium Processing (15-day service). Include a detailed petition letter that walks USCIS through each piece of evidence and ties it to the EB1A criteria. Double-check all forms and make copies.
Step 3: File the Petition with USCIS
Mail your petition packet (I-140, G-28, I-907 if used, cover letter, and supporting evidence) to the appropriate USCIS Service Center. At filing, pay the EB1A filing fee (see below). After submission, USCIS will send you a receipt (Form I-797) within a couple of weeks. This priority date is your official filing date.
Step 4: USCIS Review and Response
USCIS will review your I-140 petition. They may ask for more information through a Request for Evidence (RFE) if something is unclear. You will typically have up to 84 days to respond to an RFE or Notice of Intent to Deny. Prepare responses carefully (often with legal help). USCIS will then make a decision, approval or denial.
Step 5: Adjustment of Status or Consular Processing
Once I-140 is approved and a visa number is available (for most countries, EB1A is current), you can obtain your green card:
- If in the U.S.: File Form I-485 (Adjustment of Status). USCIS will not finalize I-485 until the I-140 is approved, but once approve,d you typically receive the green card in about a year.
If abroad: The approval goes to the National Visa Center, which will contact you to complete consular processing and schedule an interview at a U.S. embassy or consulate.
Throughout this process, keep copies of everything and stay organized. (Below is a summary table of the key steps and timeframes.)
Step | Action | Typical Timeframe |
1. Eligibility & Preparation | Gather evidence (CV, awards, publications, letters) to meet EB1A criteria. Write a petition letter linking evidence to USCIS criteria. | 1–4 months (varies by profile) |
2. Filing I-140 | Submit Form I-140 (and G-28, I-907 if used) with USCIS, along with evidence and fees. | 1–2 weeks for USCIS receipt |
3. USCIS Adjudication | USCIS reviews the petition. May issue RFE; applicant responds within ~84 days. | ~4–7 months (standard processing) |
4. Response to RFE (if any) | Compile the requested documents and arguments to address USCIS questions. | ~1–3 months (deadline to respond) |
5. Approval & Next Steps | Upon I-140 approval, file I-485 (if in the U.S.) or consular forms (if abroad). | I-140 approval notices to I-485 adjudication typically ~6–12 months |
By following this plan, you align with USCIS guidance for a complete EB1A petition. As one source puts it, submitting all required documentation upfront is crucial to avoid delay.
EB1A Filing Fee
The main fee is for Form I-140. Currently, the EB1A filing fee (I-140) is $715. If you request Premium Processing (Form I-907), add $2,805 (fee subject to change). If you file I-485 in the U.S., there is an additional fee (generally $1,440 for most applicants, including biometric service). Remember to pay these exactly as instructed. (Fees can change, so always check the USCIS Fee Schedule.)
EB1A Processing Time
EB1A processing time varies. Historically, USCIS has reported that standard I-140 adjudication for EB1A takes roughly 4–7 months. With Premium Processing, USCIS guarantees a decision in 15 days. After I-140 approval, expect about 6–12 more months for a green card if adjusting status in the U.S. (outside applicants typically finish consular processing in ~6–10 months). In total, from petition to green card, you might see 8–24 months depending on the service center and your case.
Factors like USCIS workload, visa bulletin fluctuations, and completeness of your petition can speed up or slow down timelines. To stay updated, regularly check USCIS processing times online and consider filing during low-volume periods if possible.
EB1A Success Rate
EB1A is challenging. Recent USCIS data indicate approval rates around 60–70%. For example, the EB-1A approval rate dropped from about 70.5% in FY2023 to roughly 60.7% in FY2024. In other words, only about 3 in 5 petitions were approved last year, reflecting the high standards. (Many denials occur even if three criteria are met, simply because the overall evidence wasn’t convincing enough.) Because of this, careful preparation is essential. A robust petition with clear evidence and expert letters greatly improves your chances.
Need Help with Your EB1A Petition? Get EB1A consultation! Brandosaur offers expert guidance to prepare a strong EB1A case.
FAQs
How to get qualified for EB1A?
EB1A qualification means proving extraordinary ability. You qualify by winning a major award or by meeting at least three of USCIS’s ten criteria. Start by assessing your achievements against those criteria. Gather documentary evidence (papers, media, awards, membership certificates, etc.) and expert reference letters. Strong evidence and a clear petition letter are key.
Is EB1A difficult to get?
Yes, EB1A has a very high bar. You must be among the global elite in your field. Many applicants are surprised at how much proof is needed. USCIS data show only about 60–70% of petitions have been approved recently. A single weak spot can trigger an RFE or denial. Thorough documentation and legal guidance are highly recommended.
What are the three criteria for EB1A?
USCIS requires that you satisfy three of the ten listed criteria (or have one major award). The ten criteria include items like internationally recognized prizes, membership in elite associations, judging others’ work, original contributions, authorship of scholarly articles, evidence of high salary, etc.. Any three distinct categories will do, but each must be backed by strong evidence.
Does EB-1A require a job offer?
No, EB-1A does not require a job offer or employer sponsorship. It’s a self-petition visa. You file for yourself without a U.S. employer. (This is in contrast to EB1B or EB1C.)
How many times can I apply for EB-1A?
There is no formal limit on the number of EB1A petitions you can file. You can reapply if an earlier petition is denied, especially if you have gathered new evidence or corrected issues. Each new petition must pay the fees again and include fresh supporting documentation. However, repeatedly filing without significant new evidence is unlikely to succeed.
Do letters of recommendation help in the EB1A visa application process?
Yes, strong expert reference letters are often crucial. Letters from respected independent experts in your field can powerfully attest to your contributions and acclaim. USCIS and immigration courts often view such letters as among the most persuasive evidence. Well-written letters that detail your specific impact can tip the scales in your favor.
Can I apply for EB-1A on my own?
Yes, EB1A is explicitly designed for self-petitioning. You do not need an employer; you file Form I-140 on your own behalf. However, because the application is complex and the evidence requirements are strict, many applicants choose to work with an immigration attorney or consultant. Professional help can improve completeness and clarity, reducing the risk of mistakes or omissions.
