When an attorney evaluates an EB-1A extraordinary ability case, the review usually has two steps: first, whether the evidence meets the regulatory criteria, and second, whether all of the evidence together shows that you are among the small percentage at the very top of your field. Meeting 3 criteria only passes the first step. You can file an EB-1A petition yourself, and it does not require an employer, a job offer or a labor certification. Note that EB-1A is only one subcategory of EB-1, and EB-1, EB-2 and EB-3 should not all be called "extraordinary ability." The information below is current as of November 6, 2026.
Step 1: Does the evidence meet the criteria?
The applicant needs either a one-time major achievement such as a Nobel Prize, or at least 3 of the following 10 criteria:
- Nationally or internationally recognized prizes or awards;
- Membership in associations that require outstanding achievement of their members, as judged by recognized experts in the field;
- Published material about you in professional publications or major media;
- Judging the work of others;
- Original contributions of major significance to the field;
- Scholarly articles;
- Display of your work at artistic exhibitions or showcases;
- A leading or critical role for organizations with a distinguished reputation;
- Pay that is significantly higher than others in the field;
- Commercial success in the performing arts.
If a criterion does not fit your occupation, comparable evidence may be submitted in its place, but you must explain specifically why. Simply saying "not applicable" is not enough. There is no comparable evidence for the one-time major achievement.
Step 2: Overall review
At this stage the officer looks at whether you have sustained national or international acclaim and are among the small percentage at the top of your field. A few points are worth knowing about the review:
- All of the evidence is considered together, including relevant material beyond the 10 criteria.
- An application should not be denied only because one type of evidence is missing, as long as the other evidence is sufficient.
- Examples of helpful material cited by USCIS include publication in highly ranked journals, citation metrics, positions at well-known research institutions, invited speaking engagements, and peer-reviewed U.S. government research funding.
- The applicant must explain what the evidence means, not just stack up documents.
- Recommendation letters are not the foundation of a case. They need to be backed by other documents and state specific reasons.
- A prior O-1 approval is a useful reference but does not decide the EB-1A outcome.
Beginning in August 2026, officers may deny an application with missing initial evidence without first issuing a request for evidence, so it is not advisable to file in a hurry when the evidence is insufficient. If you are still deciding between EB-1A and NIW, see How to choose between EB-1A and EB-2 NIW.
Fees and visa backlog
The Form I-140 filing fee is $715 on paper or $665 online, plus a $300 Asylum Program Fee for self-petitioners. The premium processing fee is $2,965, with a target time frame of 15 business days.
In the November 2026 Visa Bulletin, the Final Action Date for China-born EB-1 applicants is August 1, 2023 and the Date for Filing is July 1, 2024. Most other regions have no visa backlog. USCIS has confirmed that in November 2026 Form I-485 may be filed using the Dates for Filing chart, and it will announce the chart separately each month after that, but a green card cannot be approved until the Final Action Date is reached. The priority date is the date the Form I-140 is formally filed, and dates may change each month. A May 2026 USCIS memorandum (PM-602-0199) describes adjustment of status as extraordinary discretionary relief. Officers look at the status record and whether the person could have used consular processing, and holding a dual intent status does not mean approval is certain. This should be assessed before Form I-485 is filed.
What to prepare
- A list of achievements organized by each of the 10 criteria.
- Award selection rules and the scope of recipients, plus association bylaws and membership standards.
- The original media coverage, plus circulation or impact information for the media outlet.
- Judging records, papers and citation data, and proof that your original work has been adopted.
- Proof of pay and comparison data on pay for others in the field.
- A specific plan to continue working in your field in the U.S.
- English translations of foreign-language documents.
Contact us
If you would like an attorney to review your EB-1A evidence item by item, you may call 347-618-3386 for a consultation in Chinese. Lu Xin Law Offices is located at 36-09 Main Street, Suite 5-D5, Flushing, New York. The responsible attorney, Michael R. Curran, is licensed in New York and New Jersey. For our services, see Immigration Legal Services.
FAQ
Does EB-1A require an employer?
No. You can file an EB-1A petition yourself. It does not require an employer, a job offer or a labor certification.
If I meet 3 criteria, will the petition be approved?
Not necessarily. Meeting 3 criteria only passes the first step. The officer will also look at all of the evidence to decide whether you are among the small percentage at the very top of your field.
Can an EB-1A petition use premium processing?
Yes. The premium processing fee is $2,965, with a target time frame of 15 business days.
Sources: uscis.gov, uscis.gov, uscis.gov, uscis.gov, uscis.gov, travel.state.gov, uscis.gov, uscis.gov, uscis.gov. The information above is current as of November 6, 2026. Immigration rules and fees may change, so check the latest official requirements before you file.
Attorney Advertising. This article is general information and is not legal advice on any particular case. Eligibility, procedures and outcomes depend on the facts of each case, the applicable law and the decision of the government agency.