All Visa Procedures

Standard Operating Procedure

EB-1A Extraordinary Ability

No employer sponsorship or labor certification required, self-petition available

Estimated Timeline6-18 months (Premium Processing available for I-140 adjudication in 45 days)
Government Fees$715 (I-140) + optional $2,965 (Premium) + $1,440 (I-485, if concurrent filing)

EB-1A is for individuals with extraordinary ability in sciences, arts, education, business, or athletics. Uses the Kazarian two-step framework: Step 1 — meet at least 3 of 10 criteria; Step 2 — totality of evidence shows the individual is among the small percentage at the top of their field. Self-petition allowed, no PERM required.

Overall Workflow

Action stepTips and cautions
1
Phase 1
Case Evaluation — Kazarian Criteria Analysis → Evidence Collection Strategy
Attorney
Employer / Petitioner
Applicant
1Case Evaluation — Kazarian Criteria Analysis

Evaluate which criteria applicant meets: (1) Major awards (2) Membership in associations (3) Published material about applicant (4) Judging (5) Original contributions (6) Scholarly articles (7) Exhibitions (8) Leading/critical role (9) High salary (10) Commercial success. Recommend meeting 4-6 criteria for stronger case.

1-2 weeks

Meeting 3 criteria is the minimum threshold. Recommend 4-5 strong criteria + cohesive overall narrative.

2Evidence Collection Strategy

Develop specific evidence collection plan for each criterion. Arrange recommendation letters (suggest 6-8, including 4+ independent recommenders). Collect citation data, award documentation, media coverage, etc.

4-8 weeks

1Determine If Employer-Sponsored

EB-1A allows self-petition (no employer needed) or employer sponsorship. For self-petition, employer involvement is not required. If employer-sponsored: provide Offer Letter, company support letter, corporate documents.

2Provide Supporting Documents (if sponsoring)

If sponsoring: Offer Letter (with title, salary, start date), company letter (explaining why hiring this talent), corporate registration and tax returns (ability to pay).

1Self-Assessment & Document Inventory

Review which EB-1A criteria you may meet. List all available evidence: awards, publications, citations, peer review records, media coverage, patents, high salary proof, etc.

2Contact Recommenders

Contact 6-8 recommenders (at least 4 independent — not collaborators/advisors/colleagues). Explain EB-1A requirements to each recommender, provide your CV and achievement summary. Attorney will draft initial letters; recommenders review, revise, and sign on letterhead.

Independent recommender letters carry more weight. Recommend experts from different institutions/countries in your field.

2
Phase 2
Draft Petition Letter → Prepare & File I-140
Attorney
Employer / Petitioner
Applicant
3Draft Petition Letter

Draft 20-40 page Petition Letter using Kazarian two-step framework: Step 1 — argue each satisfied criterion with evidence; Step 2 — holistic argument why applicant is among the small percentage at the top (sustained national/international acclaim).

2-3 weeks

4Prepare & File I-140

Complete I-140 form (select EB-1A classification). Self-petition: Petitioner = Beneficiary. Compile complete petition package (typically 500-2000 pages of evidence). File with USCIS.

3Gather Citation Data

Download from Google Scholar, Semantic Scholar, Web of Science: total citations, h-index, per-paper citation ranking, citation trends. Highlight independent citations (non-self citations).

4Review Petition Letter

Carefully review the Petition Letter drafted by attorney. Confirm all facts are accurate, achievements are not exaggerated, and recommendation letters align with your actual accomplishments.

3
Phase 3
I-140 Approved → I-485 / Consular Processing
Attorney
Employer / Petitioner
Applicant
5I-140 Approved → I-485 / Consular Processing

After I-140 approval: check Visa Bulletin if priority date is current. If current → (A) file I-485 + I-765 (EAD) + I-131 (AP) in US, or (B) consular processing abroad. If not current → wait for priority date.

China-born applicants may face EB-1 backlog (1-2 years). Recommend filing I-140 early to lock in priority date.

5I-485 Phase (after approval)

After I-140 approval + priority date current: (A) File I-485 in US → biometrics → possible interview → approval = green card; (B) File DS-260 abroad → NVC processing → consular interview → visa issued → enter US.

Steps by Role

Attorney Procedures

Evaluate which criteria applicant meets: (1) Major awards (2) Membership in associations (3) Published material about applicant (4) Judging (5) Original contributions (6) Scholarly articles (7) Exhibitions (8) Leading/critical role (9) High salary (10) Commercial success. Recommend meeting 4-6 criteria for stronger case.

Note

Meeting 3 criteria is the minimum threshold. Recommend 4-5 strong criteria + cohesive overall narrative.

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