EB-1A Visa | U.S. Green Card for Individuals with Exceptional Abilities

The EB-1A visa is the ideal option for individuals with extraordinary abilities in the fields of science, business, arts, technology, education, sports, or similar areas. Although the number of visas is limited, as with other employment-based immigration visas, there are rarely any waiting periods, i.e. the quota is rarely exceeded. If there are waiting times, they are usually relatively short for an EB-1A visa, e.g. one year. In addition, neither a labor market test nor a U.S. employer is required.

If artists, entertainers, actors, athletes, scientists, business experts, or similar professionals only want to live and work in the U.S. for a limited period of time, it is advisable to apply for an O visa, as a green card has tax implications that should be considered.

An EB-1A visa can be applied for as soon as all requirements are met. However, it is advisable to seek legal advice before applying. Depending on your level of fame, career history, or professional field, there are various strategic considerations and factors (e.g. which of the ten criteria you are most likely to meet) that should be carefully examined.

Applying for an EB-1A green card is a two-step process:

• Step 1: Submit the petition
  The person with extraordinary abilities submits a petition (Form I-140) and acts as their own sponsor. The petition consists of forms and documents that prove that the necessary requirements are met.
   
• Step 2: Apply for a U.S. green card
  If the petition is approved, the person with extraordinary abilities may apply for a green card. There are basically two options for applying:
  • If all requirements are met (including legal entry and legal residence), you may apply for an adjustment of status in the U.S. to change your status from non-immigrant to immigrant.
  • If an adjustment of status is not possible or not desired, an immigrant visa is first applied for at a U.S. consulate outside the U.S. The EB-1A green card is automatically sent to a U.S. address specified in the visa application process after payment of a so-called immigration fee of USD 220 (as of August 2022) and after entry into the U.S.

The biggest advantage of an EB-1A visa is that neither a U.S. employer nor a labor market test is required. This means that there is no need to check whether a U.S. citizen or green card holder could perform the intended work on the U.S. labor market. In addition, the applicant does not need an employer to file the I-140 petition required for the green card application. Instead, the applicant acts as a so-called self-petitioner and therefore does not need a sponsor.

Unmarried children under the age of 21 and spouses of an EB-1A applicant can also obtain a green card.

In our experience, the processing times for EB-1A green cards are as follows:

• I-140 (normal): 4–10 months
• Premium Processing: 15 calendar days
• Adjustment of status: 8–14 months
• Consular processing: 4–8 months after I-140 approval

A strong EB-1A candidate is someone who can demonstrate outstanding achievements in several categories – not just in isolated instances, but at a level that exceeds the usual industry standard. Typical characteristics include:

• Extensive media coverage: Mentions in renowned national or international journals, magazines, or major online media outlets that highlight the person's significance and influence.
• Multiple awards: Prizes or honors that are considered prestigious in the respective field, e.g. industry innovation awards, science or arts prizes.
• Patents, publications, and citations: Publications in recognized professional journals or patents that are frequently cited or commercially exploited – an indication of scientific or technological leadership.
• Significant contributions: Demonstrable developments, innovations, or works that have a measurable impact on the industry, research, or society.
• Leadership roles: Positions as director, senior researcher, chief designer, or project manager that reflect strategic responsibility or special professional authority.
• High remuneration: Income or fee structures that are at the upper end of the industry and demonstrate exceptional demand for expertise.
• International recognition: Evidence of collaborations, memberships, or invitations to projects, committees, or events outside the home country.
• Exhibitions/conference presentations: Participation in significant exhibitions, trade fairs, or international conferences as an invited expert, speaker, or jury member.

Such a candidate clearly stands out from the crowd, as their achievements are both widely recognized and objectively verifiable.

• Fulfillment of three formal EB-1A criteria, but failure to meet the qualitative “Final Merits Determination” of the USCIS because the overall picture does not reveal exceptional ability at the top level
• Letters of recommendation with insufficient substance that do not substantiate the impact of the achievements with concrete figures, examples, or independent evidence and are therefore classified as weak
• Missing or incomplete evidence of “sustained national or international acclaim,” i.e. sustained national or international recognition over a longer period of time
• Unclear presentation of the significance of one's own achievements for the field, so that no common thread is discernible and the successes are perceived as a “normal career” rather than exceptional excellence
• Insufficient, poorly structured, or unverifiable evidence, such as missing evidence of awards, media reports, citations, or roles that do not convincingly substantiate the claimed exceptional ability

You should expect the following government fees:

• I-140 fee: USD 715
• USCIS Asylum Program Fee: USD 300
• Premium Processing: USD 2,805
• Adjustment of Status: USD 1,140 + USD 85 Biometrics
• Consular Fee: USD 325
• Immigration Fee: USD 220

In addition to the government fees, applicants should also plan for separate consulting fees for the individual preparation and support of the EB-1A process by a specialized law firm such as ours, which are based on the scope and complexity of the respective mandate.