Who Should Consider EB-1A?
To qualify, an applicant must demonstrate extraordinary ability in the relevant field and provide objective evidence showing that they are among the small percentage at the top of that field.
Common EB-1A applicant profiles include (without limitation):
Researchers / Physicians / Engineers
Peer-reviewed publications, significant citations, and meaningful research impact
Participation in major projects or grants
Service as a peer reviewer, judge, or editorial board member
Entrepreneurs / Business Leaders
Founding or key leadership roles in businesses with recognized industry impact
Measurable performance indicators (e.g., revenue, growth, users, financing)
Meaningful visibility through industry reports, recognized media, or major conferences
Artists / Designers / Creative Professionals
Exhibitions, performances, or publication of works
Professional awards, critical reviews, and recognized industry standing
Other Professionals
Leadership roles in distinguished organizations
Patents, standards-setting, or participation in influential industry guidelines
Whether EB-1A is appropriate depends on an individualized legal evaluation. Our firm assesses eligibility based on the statutory and regulatory framework—not solely on degrees, job titles, or years of experience.
EB-1A Legal Framework
USCIS typically evaluates EB-1A petitions in two stages:
Step One: Meeting the “Regulatory Criteria”
An applicant generally must satisfy at least three of the ten regulatory criteria (unless qualifying through a one-time major internationally recognized award).
Common evidentiary categories include (simplified):
Nationally or internationally recognized prizes or awards
Published material about the applicant in major media or professional publications
Membership in associations requiring outstanding achievement (not merely paid membership)
Service as a judge, reviewer, or evaluator of the work of others
Original contributions of major significance to the field (supported by independent evidence)
Authorship of scholarly or professional articles
Artistic exhibitions, performances, sales, or other recognized impact (where applicable)
Leading or critical role for distinguished organizations
High remuneration compared to others in the field
Comparable evidence where standard criteria do not readily apply
Step Two: Final Merits Determination (“Totality” Review)
Even if the petition meets the threshold criteria, USCIS conducts an overall assessment to determine whether the evidence demonstrates sustained acclaim and top-level standing. Key considerations often include:
Whether achievements are sustained rather than isolated
Whether the applicant is positioned at a top tier within the field
Whether the applicant has a credible plan to continue working in the United States in the same area and to contribute going forward
Our legal briefing is drafted to address both stages systematically and persuasively.
Our EB-1A Process
Below is the workflow we typically use to deliver a clear, organized, and USCIS-ready petition.
Step 1: Initial Evaluation and Strategy
We review the client’s résumé/CV and background materials, including education, experience, publications, patents, projects, awards, media coverage, and other achievements. We then map available evidence against the EB-1A criteria, identify strengths and vulnerabilities, and advise whether to proceed immediately, further develop evidence, or consider a parallel strategy (such as NIW).
Deliverable: an initial eligibility assessment and a proposed roadmap (timeline + risk notes).
Step 2: Engagement and Project Timeline
We confirm scope, fees, and communication protocols and establish a practical schedule for evidence collection, recommendation letters, petition drafting, and filing milestones. We aim to keep the process on track without compromising case quality and provide advance notice of key deadlines.
Step 3: Evidence Planning, Collection, and Organization
We provide a tailored evidence checklist and review all documents for relevance, clarity, and probative value. Materials commonly include identity documents and translations, publications and citation records, patent documentation and implementation evidence, project records, award criteria, media coverage, peer review invitations, organizational role evidence, and field-context materials that help adjudicators understand impact and competitiveness.
Our focus is to convert “scattered accomplishments” into a structured evidentiary record rather than a mere compilation of documents.
Step 4: Recommender Selection and Letter Strategy
We advise on selecting both collaborative and independent experts and design distinct letter angles (e.g., technical contributions, field significance, real-world application, international influence). We draft English recommendation letters and refine them with recommenders to ensure specificity, alignment with evidence, and avoidance of generic language—so letters function as an evidentiary guide, not just praise.
Step 5: Petition Letter and Complete Filing Package
We prepare a comprehensive petition letter that presents the client’s professional narrative, selects the most persuasive criteria (often 3–6) for detailed development, and argues each criterion using a facts + exhibits + legal analysis approach. We also index and label exhibits to make adjudication efficient and coherent.
Step 6: Filing Form I-140 (Premium Processing Optional)
We prepare and file the I-140 package in accordance with current USCIS requirements, provide receipt information, and advise on case tracking. If Premium Processing is selected, we file the appropriate request concurrently, subject to USCIS rules in effect at the time of filing.
Step 7: RFE / NOID Response (If Issued)
If USCIS issues a Request for Evidence (RFE) or Notice of Intent to Deny (NOID), we provide a detailed issue analysis, identify targeted supplemental evidence, update the legal arguments, and submit a timely and comprehensive response. Where appropriate, we proactively address likely adjudicatory concerns in the initial filing to strengthen the record.
Step 8: Post-Approval Planning (Adjustment of Status or Consular Processing)
EB-1A approval is often the first major milestone. We assist with next steps based on the client’s location and circumstances, including Adjustment of Status (Form I-485) in the United States (and related EAD/Advance Parole filings where appropriate) or consular immigrant visa processing abroad. We also advise on dependent spouse/children planning and timing considerations.
Client Responsibilities vs. Our Firm’s Responsibilities
Client Responsibilities
Provide complete and accurate background information
Collect and submit evidence according to the checklist
Assist in contacting potential recommenders
Review and confirm key filings and draft statements in a timely manner
Firm Responsibilities
Provide a legal eligibility assessment and case strategy
Create the evidence plan and review/organize all supporting documents
Draft and revise recommendation letters and the petition letter
Prepare and file Form I-140 and supporting forms
Manage USCIS communications and respond to RFE/NOID if needed
Coordinate post-approval steps (I-485 or consular processing), as applicable
Illustrative Timeline (Varies by Case and USCIS Processing)
The following is a general estimate and is not a guarantee:
We provide case-specific planning during the initial consultation based on status, timing goals, and risk tolerance.
Frequently Asked Questions (FAQ)
1) Do I need “Nobel Prize-level” achievements to qualify?
No. The law does not require a single world-first award. The key is demonstrating sustained, documented impact and standing at a top level within the field through credible third-party evidence and coherent legal analysis.
2) Must recommendation letters come from famous international experts?
Not necessarily. USCIS considers expertise and independence. We typically use a balanced set of recommenders, including both collaborators and independent experts, depending on the evidentiary strategy.
3) Should I file EB-1A or NIW?
It depends on your profile and objectives. EB-1A focuses on extraordinary standing in the field, while NIW emphasizes the national importance of the proposed endeavor. Many clients pursue parallel planning, and we recommend a pathway based on a tailored assessment.
4) What if the I-140 is denied?
Options may include refiling with strengthened evidence, pursuing an alternative category, or considering a motion or appeal where appropriate. We identify key risks early and structure the record to reduce denial exposure.
This page is provided for general informational purposes only and does not constitute legal advice for any individual case. Immigration policies, adjudication standards, forms, fees, and processing times may change. For case-specific analysis and strategy, please schedule a consultation with our office.
