EB-1A is the most prestigious self-petitioned U.S. green card. It rewards strong evidence with one of the fastest paths to permanent residence. Here's how USCIS evaluates EB-1A cases, and how it compares with EB-2 NIW.
Key takeaways
- Meet 3 of 10 criteria (or have a major international award), then pass a final merits review.
- No job offer, no PERM, and 15-business-day premium processing.
- Many strong applicants file EB-1A and NIW together.
What are the 10 EB-1A criteria?
Unless you have a one-time major international award, you must meet at least 3 of these 10 regulatory criteria, then show sustained national or international acclaim in a final merits review.
Prizes or awards
Nationally or internationally recognized prizes or awards for excellence.
Selective memberships
Associations that require outstanding achievement, judged by experts.
Published material about you
Articles about you and your work in professional or major media.
Judging others' work
Peer reviewing, or sitting on award or selection panels.
Original contributions
Contributions of major significance to your field.
Scholarly articles
Authorship in professional journals or major media.
Exhibitions
Display of your work at artistic exhibitions or showcases.
Leading or critical role
For organizations with a distinguished reputation.
High salary
High remuneration compared with others in your field.
Commercial success
In the performing arts, shown by sales or box office.
How does USCIS decide an EB-1A case?
USCIS uses a two-step review: first it counts whether you meet at least three criteria, then it weighs all your evidence together to decide whether you are truly at the top of your field.
- Step 1, criteria count: the officer checks each piece of evidence against the ten criteria.
- Step 2, final merits determination: the officer weighs the whole record for sustained acclaim and top-of-field standing.
Where cases fail: many petitions technically meet three criteria but lose at the final merits step because the evidence shows competence, not top-of-field acclaim. Quality of evidence matters far more than the number of criteria claimed.
Send your CV and we'll tell you which petition gives you the best odds, or whether to file both.
EB-1A vs. EB-2 NIW: which should you file?
EB-1A has a higher evidence bar but can offer a shorter visa bulletin wait for some countries. EB-2 NIW is easier to qualify for. Many strong applicants file both.
| Factor | EB-1A | EB-2 NIW |
|---|---|---|
| Standard | Extraordinary ability, top of field | Dhanasar three-prong test |
| Evidence level | 3 of 10 criteria + sustained acclaim | EB-2 basis + well-supported endeavor |
| Job offer needed? | No | No |
| Premium processing | 15 business days | 45 business days |
| Best for | Internationally recognized experts | Advanced-degree professionals with a clear U.S. plan |
How much does EB-1A cost?
EB-1A uses the same Form I-140 as NIW: $715 plus the Asylum Program Fee at the petition stage, with optional premium processing.
| Government fee | Amount | When it applies |
|---|---|---|
| Form I-140 | $715 (paper) | Required |
| Asylum Program Fee | $300 for most self-petitioners | Required |
| Form I-907 premium processing | $2,965 | Optional |
| Form I-485 | $1,440 per applicant aged 14+ | If in the U.S. |
Fees verified against the USCIS fee schedule (G-1055) and travel.state.gov on {date}. Government fees change periodically, so confirm before paying.
[Include partner-attorney sentence here if applicable.]
Official sources
- USCIS: Employment-Based Immigration, First Preference (EB-1)
- USCIS Policy Manual, Volume 6, Part F, Chapter 2
- USCIS Fee Schedule (Form G-1055)
Phoenix Immigration Consulting Services LLC is an immigration consulting firm, not a law firm, and does not provide legal advice. Information on this page is general and may change; always confirm current rules on uscis.gov and travel.state.gov. Filing a petition or application does not guarantee approval.
