EB-1A I-140

1. What is the EB-1A Application?

The EB-1A application falls under the Employment-Based First Preference category. It is designed for individuals with extraordinary ability in their respective fields, including the arts, sciences, education, business, and athletics.

This classification is reserved for people who have reached a level of expertise and recognition that places them at the very top of their field, and it does not require a labor certification (PERM). In many cases, EB-1A applicants may also self-petition without a permanent job offer.

2. EB-1A vs. EB-1B

It is important to distinguish between the EB-1A and EB-1B categories. While both fall under the EB-1 preference, they have different eligibility criteria and focus:

EB-1A (Extraordinary Ability)

This category is for individuals who have achieved national or international acclaim for their extraordinary abilities in fields such as the arts, sciences, education, business, or athletics. The focus is on the applicant’s
individual achievements and recognition.

EB-1B (Outstanding Professors and Researchers)

This category is intended for outstanding professors and researchers who have a demonstrated record of significant contributions in their academic field. The focus is on professional accomplishments, research contributions, and academic achievements, and it normally requires an offer of employment from a qualifying institution.

3. EB-1A Application Process

A typical EB-1A case includes the following key steps:

(1) Initial Evaluation

Before starting the application, a thorough evaluation of your achievements and qualifications is essential. This assessment helps determine whether you meet the legal criteria for extraordinary ability in your field.

(2) Documenting Extraordinary Ability

Gathering evidence that showcases your exceptional achievements is a pivotal step. This may include awards, publications, media reports, conference presentations, memberships, and letters of support from experts in your field, as well as other records that demonstrate sustained acclaim.

(3) Filing Form I-140

You (or your U.S. employer, if applicable) file Form I-140, Petition for Alien Worker, with U.S. Citizenship and
Immigration Services (USCIS). The petition includes detailed documentation of your extraordinary ability and how you meet the EB-1A criteria.

(4) Premium Processing Option

For an additional government fee, you may request premium processing, which expedites USCIS’s review of your I-140 petition. USCIS generally issues a decision or action on the case within 15 calendar days.

(5) USCIS Review and Decision

USCIS reviews your petition and all supporting evidence to decide whether you have demonstrated extraordinary ability. If approved, you receive a Form I-797, Notice of Action, confirming your EB-1A classification.

(6) Filing for Permanent Residency

After I-140 approval and when a visa number is available, you may move to the green card stage: if you are in the United States, you may file for adjustment of status; if you are abroad, you will usually complete consular processing at a U.S. embassy or consulate.