EB-1A petitions for people at the top of their field.
A strong record still has to be organized and argued. Your attorney takes each EB-1A petition from the criteria through the final merits argument personally.
An attorney reads your CV and tells you where it is strong and where it is not.
- Your record is mapped to the criteria, and the petition is drafted by your attorney.
- Upload a CV to start. We handle the drafting.
- We take on a limited number of new matters each month.
Who it's for
Researchers, physicians, engineers, and founders with recognition in their field: awards, judging, original contributions, leadership roles, press.
EB-1A in brief
The standard. The regulation defines extraordinary ability as "a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor." (8 CFR 204.5(h)(2).)
Two steps. Step one asks which criteria the evidence meets. Step two weighs the whole record for sustained acclaim and top-of-field standing. Per the Policy Manual, meeting the criteria "alone does not establish" eligibility.
The 10 criteria (8 CFR 204.5(h)(3)): lesser prizes or awards; membership in associations that require outstanding achievements; published material about you; judging the work of others; original contributions of major significance; scholarly articles; display at exhibitions or showcases; a leading or critical role for distinguished organizations; high salary or remuneration; commercial success in the performing arts.
Letters. Recommendation and independent opinion letters are not one of the ten criteria. Per the Policy Manual, they "should not form the cornerstone" of a petition and should be corroborated by documents.
No outcome is guaranteed. USCIS decides each petition on its own record.
Questions
How many EB-1A criteria do I need?
Either one major international award, or evidence meeting at least 3 of the 10 regulatory criteria. Meeting the criteria starts the review. USCIS then makes a final merits determination on whether the whole record shows sustained acclaim and top-of-field standing.
Do I need an employer or job offer for EB-1A?
No. EB-1A can be self-petitioned. The regulation does require clear evidence that you will continue work in your area of expertise in the United States, such as letters from prospective employers, contracts, or a statement of plans.
Does EB-1A have premium processing?
Yes. As of Oct. 2, 2026, the USCIS premium processing fee is $2,965, and USCIS commits to take action within 15 business days. An action can be an approval, denial, RFE, or NOID. An RFE or NOID stops the clock, and a new full period starts when USCIS receives the response.
How long does EB-1A take?
As of Oct. 2, 2026, USCIS reported that 80% of EB-1A I-140s at Service Center Operations were completed within 32.5 months. Premium processing shortens the I-140 action time to 15 business days. Visa availability and I-485 processing add time.
Does EB-1A have a country cap?
Yes, EB-1 has per-country limits. In the October 2026 Visa Bulletin, EB-1 is current for most countries, with Final Action Dates of Feb. 1, 2023 for India and July 1, 2023 for China. Check travel.state.gov for the current bulletin.
Why can't an approval rate predict my EB-1A result?
USCIS reviews each record in two steps, and meeting a number of criteria does not by itself establish eligibility. A firm's advertised approval rate cannot predict your individual result.
Sources: USCIS Policy Manual Vol. 6, Part F, Ch. 2; USCIS processing times; USCIS premium processing; October 2026 Visa Bulletin. Figures as of Oct. 2, 2026.
Who you'll work with
Joseph M. Foto is the attorney at Foto Legal and is licensed to practice law in Louisiana. You can confirm his license through the Louisiana State Bar Association's Find an Attorney page.
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An attorney reads your CV and tells you where it is strong and where it is not.