EB-1A criteria: the ten, explained.
What USCIS looks for in an extraordinary ability green card petition: the one-time achievement, the ten criteria, and the review that comes after them.
Short answer: to qualify for EB-1A, you show either a one-time achievement, such as a major internationally recognized award, or evidence for at least three of ten criteria. USCIS then looks at the whole petition and decides whether you have sustained national or international acclaim and are one of the small percentage at the very top of your field. You can file for yourself, and no job offer is needed.
What is EB-1A?
EB-1A is the first-preference employment green card for people with extraordinary ability in the sciences, arts, education, business or athletics. The petition is filed on Form I-140. You don't need an employer or a job offer, but you must show that you will keep working in your field in the United States.
What are the 10 EB-1A criteria?
- Lesser nationally or internationally recognized prizes or awards for excellence in your field.
- Membership in associations that require outstanding achievements, judged by recognized experts.
- Published material about you in professional or major trade publications or other major media, about your work, with its title, date and author.
- Judging the work of others in your field or an allied one, alone or on a panel.
- Original contributions of major significance to your field.
- Scholarly articles you wrote, in professional or major trade publications or other major media.
- Display of your work at artistic exhibitions or showcases.
- A leading or critical role for organizations or establishments with a distinguished reputation.
- A high salary or other high pay compared with others in your field.
- Commercial success in the performing arts, shown by box office receipts or sales.
If a criterion doesn't readily apply to your occupation, the petition can offer comparable evidence instead, with a specific explanation. Comparable evidence can't replace the one-time achievement.
Is meeting three criteria enough?
No. USCIS works in two steps. First it checks which criteria your evidence meets. Then it makes a final merits determination: it looks at all the evidence together and asks whether you have sustained national or international acclaim and are one of the small percentage who have risen to the very top of the field. Three criteria get you to the second step; they don't decide it.
Sources: USCIS Policy Manual, Vol. 6, Part F, Chapter 2 and 8 CFR 204.5(h). This page explains the rules; it isn't legal advice.
Which criteria can press coverage support?
Directly, the third one: published material about you and your work, in professional or major trade publications or other major media, with a title, date and author. An article that explains your role or your contributions can also add context to other criteria, but each criterion needs its own evidence, and your attorney decides what to claim.
That is what we do: articles about you and your work in respected publications, planned with your attorney and timed to your filing date, at a fixed price per article with a full refund if one isn't published. We never promise a petition outcome. PR for EB-1A applicants →
EB-1A vs. EB-1B vs. O-1
| What it is | Who files | Criteria | |
|---|---|---|---|
| EB-1A | Green card, extraordinary ability | You (or an employer) | A one-time achievement, or 3 of 10, then the final merits review |
| EB-1B | Green card, outstanding professors and researchers | Your US employer | 2 of 6, at least 3 years of research or teaching, a permanent job offer |
| O-1 | Temporary work visa | A US employer or agent | A major award, or 3 of 8 (O-1A) or 3 of 6 (O-1B, arts) |
More: PR for EB-1B researchers, O-1 visa requirements and PR for EB-2 NIW applicants.
Questions applicants ask
How many EB-1A criteria do I need?
At least three of the ten, unless you have a one-time achievement such as a major internationally recognized award. USCIS then reviews the whole petition in a final merits determination.
Can I file EB-1A myself?
Yes. EB-1A doesn't need a job offer or an employer, so you can file the I-140 petition for yourself.
What is the final merits determination?
The second step of the review. USCIS looks at all your evidence together and asks whether you have sustained national or international acclaim and are among the small percentage at the very top of your field.
What counts as published material for EB-1A?
Material about you and your work in professional or major trade publications or other major media, with its title, date and author. Your attorney decides which outlets to present.
Will articles get my EB-1A approved?
No one can promise that. We deliver the articles; your attorney and USCIS decide.
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