USA EB-1A Extraordinary Ability Green Card

The EB-1A is a merit green card, not an investment programme: no capital is required, and no capital can replace the evidence. It leads to US permanent residence, not citizenship, and the United States has no citizenship by investment.

What is the EB-1A green card, and what is it not?

The EB-1A green card is the US employment-based first-preference immigrant category for people with extraordinary ability in the sciences, arts, education, business or athletics. Its legal basis is section 203(b)(1)(A) of the Immigration and Nationality Act, the regulation at 8 CFR 204.5(h) and Volume 6, Part F, Chapter 2 of the USCIS Policy Manual. USCIS decides the immigrant petition, Form I-140 (classification E11).

What sets the EB-1A apart is the self-petition: you may file the I-140 yourself (8 CFR 204.5(h)(1)), with no US job offer and no labour certification (8 CFR 204.5(h)(5)). An employer may also file on your behalf under the same standard.

• What it is: permanent residence for a person at the very top of the field, with sustained acclaim.
• What it is not: an investment route, a temporary work visa (that is the O-1) or citizenship. Approval is an evidentiary and discretionary judgement that no adviser can promise.

What are the EB-1A requirements in 2026?

The EB-1A requirements are extraordinary ability shown by sustained national or international acclaim, evidence that meets the regulatory test, and clear evidence that you will continue work in your area of expertise in the United States (USCIS EB-1 page). There are two ways to meet the initial evidence test:

• A one-time achievement: a major, internationally recognised award. USCIS gives the Pulitzer, an Oscar or an Olympic medal as examples; or
• At least three of the ten regulatory criteria in 8 CFR 204.5(h)(3).

What are the 10 EB-1A criteria?

The ten EB-1A criteria, in plain words, are:

1. Lesser nationally or internationally recognised prizes or awards for excellence in your field.
2. Membership in associations that require outstanding achievements of their members.
3. Published material about you in professional or major trade publications or other major media.
4. Judging the work of others in your field, on your own or on a panel.
5. Original scientific, scholarly, artistic, athletic or business-related contributions of major significance.
6. Authorship of scholarly articles in professional journals or other major media.
7. Display of your work at artistic exhibitions or showcases.
8. A leading or critical role for distinguished organisations or establishments.
9. A high salary or other significantly high remuneration compared with others in your field.
10. Commercial successes in the performing arts.

Where a criterion does not readily apply to your occupation, comparable evidence may be submitted. A general claim that a criterion does not apply is not enough, and comparable evidence cannot stand in for the one-time achievement.

How does USCIS decide an EB-1A petition?

USCIS decides an EB-1A petition in two steps, the approach drawn from Kazarian v. USCIS and set out in the USCIS Policy Manual, Volume 6, Part F, Chapter 2.

1. Criteria review. The officer decides, by a preponderance of the evidence, which evidence objectively meets the criteria. Top-of-field status is not decided at this step.
2. Final merits determination. The officer weighs the whole record together to decide whether you are one of the small percentage who have risen to the very top of the field, with sustained national or international acclaim.

The petition must also show that you will continue work in your area, for example through letters from prospective employers, pre-arranged commitments or a statement of your plans. To test whether your record reaches the bar, book a free consultation.

How much does the EB-1A cost in government fees?

The EB-1A has no investment requirement; the outlays are government and professional fees. The table shows the US government fees as of 12 October 2026, read from USCIS Form G-1055 (edition 10/07/26) and 22 CFR 22.1.

Two further fees depend on how you complete the case: the Form I-485 fee if you adjust status inside the United States, and the USCIS Immigrant Fee after an immigrant visa is issued abroad. These are government fees only. Mirabello's advisory fee and the independent US attorney's fee are separate. Fees change: verify against the official source before you file.

How does the EB-1A process work, step by step?

1. Assess the evidence. We map your record against the criteria; an independent licensed US immigration attorney assesses legal eligibility.
2. Build the evidence package and the final merits narrative.
3. File Form I-140 with USCIS, with or without premium processing. For a petition that needs no labour certification, your priority date is the date the complete, signed petition with the correct fee is properly filed (8 CFR 204.5(d)).
4. Wait for a visa number if your category is backlogged for your country of chargeability.
5. Adjust status or apply abroad (see below).
6. Green card. You become a lawful permanent resident.

With premium processing, USCIS acts on an EB-1A I-140 within 15 business days. The clock stops if USCIS issues a request for evidence or a notice of intent to deny. Premium processing speeds up the I-140 decision only, not the visa number. There is no single official timeline to the green card.

What does the Visa Bulletin mean for EB-1A applicants?

EB-1A green cards are limited by category and by per-country caps, so your wait depends on your country of chargeability. The State Department's monthly Visa Bulletin publishes cut-off dates per category and country. When demand exceeds supply, the category is backlogged and applicants wait, sometimes for years in high-demand countries. For October 2026, USCIS directs employment-based adjustment filings to the Dates for Filing chart (USCIS filing charts). Cut-off dates change monthly, so we read the current bulletin for your country.

Adjustment of status or consular processing: which applies to you?

Adjustment of status applies if you are already lawfully in the United States, for example in O-1 status: you file Form I-485 once a visa number is available, together with the I-140 if your priority date is current, and may apply for interim work and travel documents. Consular processing applies if you live abroad: after I-140 approval, the National Visa Center prepares the case for an immigrant visa interview, and the green card follows your admission.

Can your spouse and children get green cards too?

Yes. Your spouse and unmarried children under 21 qualify as derivatives of your EB-1A petition. Once they are permanent residents, they have unrestricted work rights. While an I-485 is pending, a derivative spouse may apply for an employment authorisation document. For children close to 21, your attorney checks Child Status Protection Act age-out protection.

How does the EB-1A lead to US citizenship?

US citizenship comes only through naturalisation. You may file Form N-400 after at least five years as a lawful permanent resident, with continuous residence for those five years, physical presence of at least 30 months, three months in your state or USCIS district, good moral character, basic English and civics, and the Oath of Allegiance. You must be at least 18 (USCIS naturalisation guide). Long absences abroad can put permanent residence at risk.

Is the O-1 a bridge to the EB-1A?

Often, yes. Many people first work in the United States on an O-1 visa, then file an EB-1A; under 8 CFR 214.2(o)(13), filing a preference petition is not a basis for denying an O-1. The standards are related but not identical: the O-1A uses eight criteria, the EB-1A ten, and in the arts O-1 "distinction" is a lower bar than the very top of the field. USCIS treats a prior O-1 approval as relevant but not determinative, so an O-1 never converts into an EB-1A automatically.

EB-1A vs NIW vs EB-1C: which US green card fits you?

EB-1A vs NIW: the EB-2 National Interest Waiver is also self-petitioned, but rests on an advanced degree or exceptional ability plus the three-part Dhanasar test, generally a different, often more attainable, standard. EB-1 and EB-2 have separate visa queues, and NIW premium processing takes 45 business days rather than 15. EB-1C suits executives who transfer within their own international group, usually after an L-1A. The E-2 treaty investor visa is temporary and treaty-gated. For every route side by side, start at our USA immigration hub.

What changes for Europeans applying for the EB-1A?

The EB-1A green card is open to all nationalities; there is no treaty list. European founders, scientists, artists and athletes often hold the record the criteria describe: international awards, jury roles, major press and leading roles. For German, Austrian and Swiss readers, the "EB-1A Green Card" is a route to US permanent residence without an employer.

Three planning points matter. First, US tax residence starts with the green card: under the IRS green card test you are a US tax resident from the first day of lawful permanent residence, and US residents report their worldwide income (IRS green card test). State income tax and FATCA and FBAR reporting may also apply. Second, settle your home-country position (social security, pension, tax residence) with a qualified adviser before the move. Third, if you later naturalise, keeping your current citizenship depends on your home country: Germany has allowed dual citizenship since its 2024 nationality reform, Switzerland allows it, and Austria generally requires permission in advance to keep Austrian citizenship. This is general information, not tax advice.

Ask Mira, by Mirabello

Not sure whether your record fits the EB-1A or the NIW? Ask Mira, by Mirabello, our AI immigration advisor, to compare the US routes for your profile. A specialist then reviews your actual case.

How Mirabello Consultancy helps

Mirabello Consultancy advises on fit and strategy: whether the EB-1A, the NIW or an O-1 first is the right sequence, and how your evidence maps to the criteria and the final merits question. We organise the documents and coordinate the case. All US immigration petitions and legal assessments are prepared and filed exclusively by independent, licensed US immigration attorneys.

Mirabello Consultancy is a boutique investment-migration advisory firm. We are not a law firm and do not provide legal, tax, investment or financial advice. This page is general information, not advice on your circumstances, and creates no attorney-client or adviser-client relationship. Mirabello Consultancy Ltd is incorporated and operates from Switzerland, with offices in Dubai and Hong Kong SAR; it maintains no establishment in the United States and does not practise US law. Immigration outcomes are decided solely by the US authorities and no result can be promised. Figures are time-sensitive: verify them at the official source. Book a free consultation to discuss your EB-1A strategy.