Standard Operating Procedure
EB-1A Extraordinary Ability
No employer sponsorship or labor certification required, self-petition available
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
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.
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
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.
If sponsoring: Offer Letter (with title, salary, start date), company letter (explaining why hiring this talent), corporate registration and tax returns (ability to pay).
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.
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.
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
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.
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).
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.
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.
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.
Meeting 3 criteria is the minimum threshold. Recommend 4-5 strong criteria + cohesive overall narrative.
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