EB-1A Green Card: Extraordinary Ability Self-Petition

You qualify if you have extraordinary ability in the sciences, arts, education, business, or athletics. The law describes this as a level of expertise that shows you are one of the small percentage who have risen to the very top of your field. You must also show that you will keep working in that field in the US.

You prove this in one of two ways:

• A one-time major achievement, such as a major internationally recognized award (a Nobel Prize or Olympic medal is the classic example).
• At least 3 of the 10 criteria below.

If a criterion does not fit your job, you may submit comparable evidence. Meeting three criteria is only the first step. USCIS then does a "final merits" review of all your evidence together to decide whether you really are at the top of your field. Many petitions that tick three boxes still fail at this stage.

No. The EB-1A is one of the few green cards you can file for yourself (a self-petition). An employer may file for you if it wants to, but it is not required. There is also no PERM labor certification, the Department of Labor process that most EB-2 and EB-3 cases must go through first.

You do need to show you will continue working in your area of expertise. Common evidence includes contracts, offer letters, a detailed plan, or letters from people who want to work with you.

If you are not sure your record is strong enough, compare the EB-1A with the EB-2 National Interest Waiver, which also allows self-petitions but uses a different test. Our EB-1A vs EB-2 NIW comparison sets them side by side. Many people also hold an O-1A visa, which uses similar evidence, while they wait.

Your spouse and unmarried children under 21 file their own I-485 or DS-260 as derivatives. They do not need a separate I-140.

The law sets aside 28.6% of employment-based green cards for EB-1, about 40,000 a year, plus any unused numbers that fall down from EB-4 and EB-5. That total is shared by EB-1A, EB-1B, and EB-1C. No single country can use more than 7% of the combined total.

Your place in line is your priority date, which is normally the date USCIS receives your I-140. Each month the State Department's Visa Bulletin shows which priority dates can move forward. When your date is "current," you can file the final step.

• Most countries: EB-1 has usually been current or close to it.
• India and China: EB-1 has had backlogs of several years, because demand from those countries is much higher than the 7% cap.
• Mexico and the Philippines: usually treated like most countries in EB-1.

Dates move forward and sometimes backward. Check the Visa Bulletin tracker for the current month.

There are two ways to finish:

• Adjustment of status if you are already in the US. You file Form I-485 with USCIS. If your priority date is current, you can file the I-485 at the same time as the I-140.
• Consular processing if you are abroad. After the I-140 is approved, the National Visa Center collects your DS-260 and documents, and a US consulate interviews you.

Both routes face new limits in 2026:

The 2026 adjustment of status memo. On May 21, 2026, USCIS issued a policy memo (PM-602-0199) that treats adjustment of status as a discretionary benefit. USCIS said that people who are in the US on a temporary visa and want a green card should expect to apply from their home country, except in extraordinary circumstances. The memo applies to pending and new Form I-485 filings. Meeting the legal requirements is now treated as the minimum: officers weigh your whole record, including whether you used your visa for its stated purpose. Legal challenges were expected, so check the current position before you file. People in dual-intent status such as H-1B or O-1 are in a stronger position than visitors or students, but the memo says dual intent alone is not enough.

The 2026 interview freeze. Since August 25, 2026, the State Department has paused scheduling of immigrant visa interviews worldwide while consular officers train on public charge screening. No restart date had been announced as of September 22, 2026. Track it on our immigrant visa pause page.

Travel ban. Nationals of the 39 countries covered by the travel ban (Proclamation 10998, in effect since January 1, 2026) generally cannot receive immigrant visas abroad, and USCIS has held many pending applications from those countries for extra review.

Public charge. A new public charge rule took effect on September 18, 2026. It replaces the 2022 rule with a broader "totality of the circumstances" test of whether you are likely to rely on government support.

Government fees as of September 2026, from the USCIS fee schedule:

Use the USCIS fee calculator before you pay, because fees change. Lawyer fees are separate and vary widely.

With premium processing, USCIS must act on the I-140 within 15 business days. That is a decision on the petition, not a green card. Without it, check the USCIS processing times page for the current range.

The rest of the timeline depends on three things: whether your priority date is current, whether you adjust status or process abroad, and the 2026 restrictions described above. For someone from India or China, the wait for a visa number can be longer than the petition itself. We do not publish a single end-to-end estimate because it changes too much by country and route.

• Evidence meets three criteria on paper but does not show sustained acclaim in the final merits review.
• Reference letters are generic, or all come from close colleagues.
• Citations, press, or awards are not put in context for your field.
• No clear proof that you will keep working in the same field in the US.

If you get a Request for Evidence, read our guide to RFEs and NOIDs. Because the evidence bar is high and the 2026 rules add discretion, many applicants work with a licensed immigration lawyer. Learn how to check a lawyer's license before you hire one.