EB-1A Green Card: Immigration Lawyer NYC

What is the EB-1A Green Card?

The EB-1A green card is a first-preference employment-based immigrant visa for individuals who demonstrate extraordinary ability in the sciences, arts, education, business, or athletics. Unlike most employment-based green cards, the EB-1A allows you to self-petition—no employer sponsorship is required.

To qualify, you must show that you are among the small percentage who have risen to the very top of your field, with sustained national or international acclaim.

Who Qualifies for the EB-1A Visa?

The EB-1A is available to:

• Scientists, researchers, and academics
• Artists, musicians, and performers
• Business leaders and entrepreneurs
• Educators and professionals in specialized fields
• Elite athletes and coaches

Applicants must provide extensive evidence of their extraordinary ability and intent to continue working in their field in the United States.

EB-1A Self-Petition: No Employer Required

One of the biggest advantages of the EB-1A is that you can self-petition. You do not need a job offer or employer sponsorship. This gives you flexibility and control over your immigration process.

EB-1A Documentation Checklist

To build a strong EB-1A petition, gather evidence such as:

• Major internationally recognized awards (e.g., Nobel Prize, Pulitzer, Olympic Medal)
• Membership in associations requiring outstanding achievement
• Published material about you in major media or professional journals
• Evidence of judging the work of others in your field
• Original contributions of major significance
• Authorship of scholarly articles or books
• Exhibitions or showcases of your work
• High salary or remuneration compared to others in your field
• Other comparable evidence of extraordinary ability

You must provide either proof of a one-time achievement or at least three types of evidence from the list above.

Kazarian Two-Part Test for EB-1A

USCIS applies the Kazarian two-part test to all EB-1A petitions, requiring both objective evidence and a final merits determination. Our attorneys are experienced in preparing petitions that meet these high standards.

EB-1A vs. O-1 Visa: Key Differences

• EB-1A: Permanent residency (green card), self-petition, higher scrutiny, subject to Kazarian test
• O-1 Visa: Temporary work visa, employer sponsorship required, dual intent allowed, not subject to Kazarian test

Many O-1 visa holders later apply for the EB-1A green card. However, O-1 approval does not guarantee EB-1A approval.