Key Takeaways For EB-1A Applicants
- EB-1A is a self-petitioned green card. Meeting 3 of 10 criteria is step one. A final merits review decides the case.
- USCIS approved 32.2% of the EB-1A petitions it decided from April to June 2026.
- Founders can map press, patents, funding, and leadership roles to specific criteria.
- Jumpstart Immigration files U.S. visa and green card petitions for founders, executives, and operators worldwide, with a 98% approval rate and a methodology trained directly on USCIS adjudicator decisions.
The EB-1A visa requirements are sustained national or international acclaim, proven by one major award or by at least 3 of 10 criteria, plus a plan to keep working in your field in the U.S. You can file for yourself, with no job offer. Meeting three criteria is not enough on its own: USCIS then reviews the whole record.
Have your record reviewed against the ten criteria
What Are The EB-1A Visa Requirements?
You prove extraordinary ability in one of two ways. The first is a one-time achievement, such as a Pulitzer, an Oscar, or an Olympic medal. The second is evidence that meets at least 3 of the 10 criteria below. If a criterion does not fit your field, you may submit comparable evidence.
No job offer and no labor certification are required. You can file the petition yourself.
EB-1A Criteria List
These are the 10 criteria behind the EB-1A visa requirements, from the federal regulation on extraordinary ability:
- Nationally or internationally recognized prizes or awards
- Membership in associations that require outstanding achievement
- Published material about you in major media
- Judging the work of others
- Original contributions of major significance
- Authorship of scholarly articles
- Display of your work at artistic exhibitions
- A leading or critical role for a distinguished organization
- A high salary compared with others in your field
- Commercial success in the performing arts
What Actually Proves Each EB-1A Criterion
1. Prizes Or Awards
An internal company award or a local prize rarely carries this criterion. USCIS looks at whether the award is recognized nationally or internationally for excellence in your field. Document who could compete, how winners were chosen, and who judged. A recognition list such as Forbes 30 Under 30 can help when you show its selection process and reach.
2. Membership In Associations
The association must require outstanding achievements of its members, as judged by recognized national or international experts. Groups you join by paying dues or holding a degree do not qualify. Elected fellowships with written selection rules are stronger.
3. Published Material About You
The material must be about you and your work, in professional or major trade publications or other major media, with the title, date, and author. A quote in an article about your company is weak. A feature on your product and your role in building it is stronger.
4. Judging The Work Of Others
This criterion covers judging the work of others in your field or an allied field, alone or on a panel. Show that the review actually happened, not just that you were invited. Editor confirmations for journal reviews, grant panel records, or letters from competition organizers work well.
5. Original Contributions Of Major Significance
The USCIS Policy Manual says work that was funded, patented, or published will not necessarily show major significance on its own. Show what happened next: licensing, adoption by other companies, citations that build on your work, or changes in how your field operates.
6. Authorship Of Scholarly Articles
Peer-reviewed papers or articles in major trade publications count. Add citation data and context showing how your field used the work. A bare publication count can meet this criterion and still look ordinary in the final merits review.
7. Artistic Exhibitions
This criterion is for visual and performing artists. Conference talks do not count as artistic exhibitions. It rarely applies to founders or researchers.
8. Leading Or Critical Role
The Policy Manual names the founder or co-founder of a startup with a distinguished reputation as an example, and says that for a critical role, performance in the role matters more than the title. Significant funding from venture capital funds, angel investors, or government entities can help show a startup’s distinguished reputation.
9. High Salary Or Remuneration
Salary is judged against others in your field. The Policy Manual says a credible contract or job offer can show you are able to command a high salary, and that highly valued equity in a startup may count as comparable evidence. Benchmark your pay with government wage data for the same job and location.
10. Commercial Success In The Performing Arts
This criterion covers box office receipts and record or video sales. It does not apply to founders or researchers outside the performing arts.
The Final Merits Determination: The Step That Decides The Case
USCIS reviews an EB-1A in two steps, based on the court case Kazarian v. USCIS. First, the officer checks whether you meet at least three criteria. Second, the officer looks at the whole record. The question is whether you are one of that small percentage who have risen to the very top of the field, and meeting the criteria alone does not establish that.
The final merits determination asks one thing: does the full record show sustained acclaim at the top of your field? Minor awards, articles that barely mention you, and contributions without proof of impact can pass step one and still fail step two. Support letters help, but the Policy Manual says they should not form the cornerstone of the case.
How Founder And Executive Credentials Map To EB-1A Criteria
Most founders already hold several signals that fit the EB-1A visa requirements. What decides the case is how well each one is documented.
Accelerators And Venture Funding
Selective accelerators and significant funding rounds can support the leading or critical role criterion by showing your startup has a distinguished reputation. Document acceptance rates and round sizes for your stage and industry.
Patents And Commercial Use
A patent shows novelty. Licensing deals, customer adoption, or independent use turn it into evidence of an original contribution of major significance.
Press Coverage
Feature stories about you and your work support the published material criterion. Coverage of a funding round that only names you is weaker.
Compensation And Equity
Salary, a credible offer, or highly valued equity can support the high salary criterion when you compare it with pay data for your role.
Peer Review And Competition Judging
Completed reviews for journals, conferences, grant panels, or startup competitions support the judging criterion when the organizer confirms them.
How Difficult Is It To Get EB-1A?
In the third quarter of fiscal year 2026 (April to June 2026), USCIS approved 32.2% of the EB-1A petitions it decided. Under the EB-1A visa requirements, difficulty depends on how independent, sustained, and well documented your recognition is, not on how many criteria you claim.
A quick self-screen helps. Does recognition come from people outside your company and your co-authors? Has it lasted over time? How does it compare with others in your field? A record built on internal praise, local awards, and routine job duties will struggle in the final merits review. For a side-by-side with the NIW, see EB-1 vs EB-2 NIW Requirements: Which Green Card Fits You?
See how your record compares to recent EB-1A approvals
EB-1A Visa Cost And Filing
You file Form I-140. The USCIS fee schedule lists the current I-140 and I-485 filing fees. Premium processing for the I-140 costs $2,965 since March 1, 2026, and USCIS commits to act on EB-1A petitions within 15 business days. Attorney and preparation fees are separate.
Since August 5, 2026, USCIS policy allows officers to deny without a Request for Evidence (RFE) when required initial evidence is missing, so file a complete petition. For the full timeline, see EB-1 Visa Timeline In 2026: How Long To Get A Green Card?
What To Do If Your EB-1A Petition Is Denied
A denial is not a permanent bar. You can file a motion to reopen or reconsider, or an appeal to the Administrative Appeals Office, on Form I-290B. You can also refile with a stronger record that answers the reasons for denial. See EB-1 Green Card Denial Reasons and What to Do Next.
Conclusion: How To Think About EB-1A Visa Requirements
EB-1A visa requirements are a two-step test. Step one is meeting at least 3 of 10 criteria with independent, verifiable evidence. Step two is a final merits review of whether the whole record shows sustained acclaim at the top of your field. Your country of birth then decides how long you wait for a green card. Review your record with an immigration attorney before you file.
For evidence details, see EB-1 Green Card Evidence Requirements: What USCIS Accepts and The EB-1 Green Card Self-Petition Guide For Founders.
Jumpstart Immigration files U.S. visa and green card petitions for founders, executives, and operators worldwide, with a 98% approval rate and a methodology trained directly on USCIS adjudicator decisions.
Have Jumpstart assess your EB-1A record
Frequently Asked Questions
How Difficult Is It To Get EB-1A?
It is hard. USCIS approved 32.2% of the EB-1A petitions it decided from April to June 2026. Meeting three criteria is only step one. The final merits review asks whether your whole record shows sustained acclaim at the very top of your field.
Who Qualifies For An EB-1A Visa?
People with extraordinary ability in the sciences, arts, education, business, or athletics, shown by sustained national or international acclaim, who will continue that work in the U.S. You need one major award or at least 3 of 10 criteria. There is no degree requirement.
How Much Does The EB-1A Visa Cost?
Government filing fees for the I-140 and I-485 are on the USCIS fee schedule. Optional premium processing for the I-140 costs $2,965. Attorney and preparation fees are separate and vary by provider.
What Is A High Salary For EB-1A?
There is no fixed number. USCIS compares your pay with others in your field, and a credible contract or job offer can count. Use government wage data for your occupation and location to show where you stand. Highly valued startup equity may count as comparable evidence.
How Long After EB-1A Approval Do You Get A Green Card?
It depends on your country of birth. In November 2026, EB-1 is current for most countries, while India’s Final Action Date is February 1, 2023 and China’s is August 1, 2023. USCIS lists 9.5 months for 80% of employment-based I-485 cases.
How Many EB-1A Visas Are Issued Per Year?
There is no separate EB-1A cap. EB-1 receives 28.6% of the yearly employment-based visa numbers, plus numbers not used by the fourth and fifth preferences. EB-1A shares that pool with EB-1B and EB-1C, and per-country limits apply.
Can I Legally Stay In The U.S. While Waiting For A Green Card?
An approved I-140 does not give you status by itself. Keep a valid status, such as O-1, until you can file the I-485. While the I-485 is pending, you can apply for a work permit on Form I-765 and a travel document on Form I-131. Talk to an immigration attorney about your case.
Do I Need A Job Offer For EB-1A?
No. You need clear evidence that you will continue working in your field, such as letters from prospective employers, contracts, or a statement detailing your plans. No labor certification is required.
Does EB-1A Cover My Family?
Yes. Your spouse and unmarried children under 21 may receive green cards as derivatives, subject to the same Visa Bulletin dates as you.
Why Do EB-1A Petitions Get Denied?
A record can meet three criteria on paper and still fail the final merits review if it does not show top-of-field acclaim. Weak evidence includes local awards, articles that barely mention you, and contributions with no proof of impact. Missing initial evidence can now lead to a denial without an RFE.
Discuss EB-1A options for you and your family
What to Read Next
*Jumpstart is not a law firm and does not provide legal advice. All legal services are performed by independent licensed attorneys.
