Frequently Asked Questions

No, you do not need a job offer for EB-1A. This is one of the major advantages of the EB-1A category. You can self-petition, meaning you can file the application yourself without employer sponsorship.

However, you must demonstrate that you intend to continue working in your field of extraordinary ability in the United States.

You must meet at least 3 out of the following 10 criteria:

1. Receipt of nationally or internationally recognized prizes or awards
2. Membership in associations requiring outstanding achievements
3. Published material about you in professional or major media
4. Participation as a judge of others' work in your field
5. Original contributions of major significance to the field
6. Authorship of scholarly articles in professional publications
7. Display of work at artistic exhibitions or showcases
8. Leading or critical role in distinguished organizations
9. High salary or significantly high remuneration
10. Commercial success in the performing arts

Learn more about each criterion →

The processing time varies, but generally:

• Regular Processing: 8-12 months for I-140 petition approval
• Premium Processing: 15 calendar days for I-140 decision (additional $2,500 fee)
• After I-140 Approval: 6-18 months for adjustment of status (if in the U.S.) or consular processing (if abroad)

Total timeline from filing to green card receipt typically ranges from 12-24 months, depending on your country of birth and current location.

According to USCIS data, the overall approval rate for EB-1A petitions varies by year but typically ranges from 50-75%. However, this doesn't tell the full story.

Well-prepared cases with proper documentation and strong evidence have significantly higher approval rates (80-95%). The key factors for success include:

• Meeting at least 3 criteria with strong, convincing evidence
• Comprehensive documentation of achievements
• Compelling petition letter explaining your extraordinary ability
• Strong recommendation letters from recognized experts
• Clear demonstration of sustained acclaim

Yes, absolutely! You can apply for an EB-1A green card while maintaining your H-1B status. In fact, this is very common. The EB-1A is a self-petitioned immigrant visa, so it doesn't affect your current non-immigrant status.

Benefits of applying while on H-1B include the ability to file for adjustment of status concurrently with your I-140 petition if visa numbers are available, which can significantly reduce your overall waiting time.

While USCIS doesn't specify an exact number, we recommend 5-8 strong recommendation letters from recognized experts in your field. Quality is more important than quantity.

Your letters should include:

• Letters from independent experts (not just colleagues or supervisors)
• At least 2-3 letters from internationally recognized authorities
• Letters from experts in different institutions/countries
• Detailed explanations of your contributions and their significance
• Expert qualifications clearly stated

If you don't currently meet 3 criteria, we can help you with profile building to develop the necessary qualifications over time. This typically involves:

• Strategic planning to acquire awards and recognition
• Publication strategy for academic journals
• Media coverage assistance
• Peer review opportunities
• Professional membership guidance

Learn about our profile building services →

Qualifying employers include:

• Universities or institutions of higher education
• Private employers with at least 3 full-time researchers and documented achievements
• Research institutes affiliated with universities
• Government research laboratories

The position must be for a permanent research or teaching position, not a postdoctoral fellowship or temporary position.

There's no specific number requirement, but quality and impact matter more than quantity. Generally:

• 10-20+ peer-reviewed publications in respected journals is competitive
• Publications should show consistent research contributions
• Citations are important - demonstrate your impact on the field
• First or corresponding author positions carry more weight

Focus on demonstrating international recognition through your publication record, not just the number.

"Easier" depends on your profile. Generally:

• EB-2 NIW may be more accessible for mid-career professionals with strong expertise but perhaps not yet "extraordinary"
• EB-1A requires demonstrating the highest level of achievement and sustained acclaim
• EB-2 NIW focuses on the importance of your future work to the U.S.
• EB-1A focuses on past achievements and recognition

Many professionals qualify for EB-2 NIW before they would qualify for EB-1A, making it a good option for those building their profiles.

No, you do not need a job offer for EB-2 NIW. This is one of the key benefits of the National Interest Waiver - it waives the labor certification requirement, which means you don't need employer sponsorship.

You can self-petition, but you must demonstrate a clear plan for your proposed endeavor that will benefit the United States.

O-1 visas are initially granted for up to 3 years (based on the time needed to complete the event or activity). They can be extended indefinitely in 1-year increments as long as you continue to work in your field of extraordinary ability.

There is no maximum limit on O-1 extensions, making it a viable long-term option while pursuing a green card.

Yes, absolutely! In fact, this is a common and strategic approach. The criteria for O-1 and EB-1A are similar, so:

• Evidence prepared for O-1 can often be reused for EB-1A
• O-1 allows you to work in the U.S. while building your EB-1A profile
• O-1 approval demonstrates that USCIS recognizes your extraordinary ability
• You can file for EB-1A while maintaining O-1 status

Yes! Your spouse and unmarried children under 21 can be included as derivative beneficiaries in your petition. They will receive green cards at the same time as you.

Your spouse will also be eligible for work authorization (Employment Authorization Document - EAD) once the adjustment of status application is filed.

The total cost includes:

• USCIS Filing Fees:
  • I-140 Petition: $700
  • Premium Processing (optional): $2,500
  • I-485 Adjustment of Status: $1,140-$1,225 per person
• Attorney/Consultant Fees: Vary by service level ($1,599 - $4,999+)
• Additional Costs: Document translation, medical exams, passport photos, etc.

View our detailed pricing →

An RFE means USCIS needs additional information or clarification before making a decision. Don't panic - RFEs are common and responding properly can lead to approval.

Important steps:

• Read the RFE carefully to understand exactly what USCIS is requesting
• Respond within the deadline (typically 87 days)
• Provide comprehensive evidence addressing each point
• Consider professional help - our RFE response service includes detailed analysis and response preparation

It depends on the visa category:

• EB-1A and EB-2 NIW: Yes, you can change jobs freely since these are self-petitioned categories. You just need to continue working in your field.
• EB-1B and EB-1C: More restrictive since they require employer sponsorship. Changing employers typically requires filing a new petition.

After I-140 approval and if your I-485 has been pending for 180+ days, you can use AC21 portability to change to a similar job.