Everything you need to know about eligibility, criteria, evidence, and visa application process
The EB-1 visa is a U.S. immigration option for people at the top of their field. It gives you a faster path to a Green Card without the extra labor certification step. It’s meant for those who can show they are leaders or top achievers in their profession.
EB-1A – Extraordinary Ability (our main focus): For people at the very top of their field in science, arts, business, education, or sports. You can apply on your own without needing a U.S. job offer.
EB-1B – Outstanding Professors and Researchers: For professors or researchers with international recognition and at least 3 years of experience, who have a permanent job offer from a U.S. university or research institution
EB-1C – Multinational Managers and Executives: For senior managers or executives who worked abroad for a qualifying company and are being transferred to its U.S. branch, subsidiary, or affiliate.
Key Benefit of EB-1: Unlike many other employment visas, EB-1 does not require labor certification, is processed faster, and usually has no backlog – meaning Green Cards are often available immediately.
Our main focus is the EB-1A track, and this guide is dedicated to that specific path.
You can apply for an EB-1A green card if you have extraordinary ability in sciences, arts, education, business, or athletics. This means you've achieved sustained national or international recognition in your field, and your work has been well-documented.
To qualify, you need to show three things:
Good news: You don't need a job offer. You can file the petition yourself (called self-petitioning), or someone else can file on your behalf. However, you still need to demonstrate your intention to continue work in your area of expertise and that this work will benefit the United States.
Each word is important and will be evaluated.
Recognition from credible, independent sources showing your work is noticed and valued by the field.
Typical proof: major awards or finalist lists, substantial press about you, invitations to judge or keynote, leadership in respected orgs, high citations or product adoption, top-tier compensation.
Focus on quality and independence – the more selective and reputable the source, the stronger the acclaim.
Evidence should show your impact reaches across your country or across multiple countries.
Awards: national academies, government-level prizes, global competitions.
Media: coverage in nationally circulated outlets or internationally read journals.
Adoption: users, customers, citations, or performances across regions or countries.
USCIS looks for a continuing pattern, not a one-off spike. There’s no fixed timeframe and no age limit.
Show a timeline of recognition that continues to the present – e.g., awards/press 3–5 years ago and recent judging, leadership, publications, or commercial results.
If there are gaps, show how recent achievements meet or exceed your earlier level.
Core rule – You must plan to keep working in the same field of extraordinary ability (for example AI, cybersecurity, devtools, fintech, product growth science). EB-1A does not require a job offer, but USCIS expects credible proof you will continue in that area.
What counts as the “same area” – Roles can evolve, but they should draw on the same specialized expertise that earned your acclaim:
Engineer → Tech lead/CTO/product-tech hybrid – usually within the same area if you remain responsible for high-level technical direction, research, or product architecture.
Researcher → Applied AI founder or principal scientist – within the area if your new work applies the same research to products at scale.
Founder/operator → Founder again, head of product, or venture studio building in the same technical domain – typically within the area if your leadership is rooted in your specialized know-how.
Founder/operator → Full-time investor – may be outside the area unless you show recent, national-level recognition as an investor or clear evidence that your investing role is functionally an extension of your technical leadership.
Edge-case logic USCIS applies – Officers look at the totality of evidence: if your earlier acclaim was as, say, an ML engineer, but your next role is product leadership in an ML platform, that can still be within your area. If you pivoted far from the specialty, you should show recent, comparable-level acclaim in the new but related role.
If time has passed – When you have had years to build a reputation in the new role, officers may give greater weight to recent achievements in that role. Keep your record current and comparable in level to your earlier recognition.
How to prove intent to continue – Provide concrete, near-term plans tied to your specialty:
Offer letters, founder agreements, advisory or board contracts citing your specialty.
Product roadmaps, research statements, grant or R&D plans, patents in progress.
Accelerator acceptances, funded term sheets, or customer LOIs referencing your domain.
Speaking invites, peer-review duties, standards-body work, or open-source leadership that continue your track record.
Quick self-test – Does the next role clearly rely on the same specialized expertise that drove your acclaim, and do you have current evidence showing you are continuing at that level. If yes, you are likely “continuing to work in the area of expertise.”
Your entry must substantially benefit the United States. This requirement is interpreted broadly and depends on your specific circumstances. There's no single rule about what counts as a substantial benefit, and officers evaluate this on a case-by-case basis.
Core requirement – Your planned work in the U.S. should deliver a clear, forward-looking benefit.
What can qualify as “substantial benefit” – It’s broad and case-by-case. Common signals:
Innovation & IP – Commercializing breakthrough AI, infra, cybersecurity, devtools; patents licensed to U.S. companies.
Economic impact – U.S. hiring plans, job creation, revenue from U.S. customers, exports, supplier ecosystems.
National interest – Security, privacy, critical infrastructure, healthcare, education, climate, defense-adjacent R&D.
Ecosystem effects – Open-source widely adopted by U.S. orgs, standards leadership (IETF, W3C, Linux Foundation), mentoring and upskilling U.S. teams.
Public good – Deployments that measurably improve outcomes for U.S. users or institutions.
How to prove it – Pair a short narrative with concrete exhibits:
Role or founder docs tied to U.S. projects; accelerator admits; grants or research partnerships.
Traction proof – signed LOIs, pilot MOUs, contracts, ARR from U.S. clients, active-use metrics, case studies.
Market validation – U.S. investor term sheets, expert letters, reputable U.S. press or awards.
Impact evidence – hiring plans with locations, economic models, security risk-reduction metrics, cost-saving estimates, adoption stats.
If it’s not obvious – Officers may ask for more detail (RFE). Pre-empt by making the U.S. beneficiaries, timeline, and measurable outcomes explicit.
A common mistake is when applicants focus only on the 10 criteria (discussed later in this guide) to prove extraordinary ability but overlook the bigger picture: showing sustained acclaim, proving they will continue working in their field in the U.S., and demonstrating the value they will bring to the country. These elements are just as important as meeting the criteria.
Bottom line: You must show you are among the small percentage at the very top of your field.
To determine this, USCIS follows a two-step review process
USCIS checks whether your documents fit the official categories: either one major internationally recognized award or at least 3 of the 10 criteria.
At this stage, officers aren't yet deciding if you're truly extraordinary. They're simply checking whether your evidence objectively fits the requirements.
Officers look at everything together to determine whether you're truly "one of that small percentage who have risen to the very top" of your field.
This is where they assess whether you genuinely have sustained national or international acclaim.
To qualify for the EB-1A visa, you need to provide evidence that you meet at least three out of ten criteria. Also note that for EB-1A in digital technology, typically only eight of the ten are suitable – see the checklist below to see if you might be a fit.
To qualify, you need to meet at least three criteria.
You received a nationally or internationally recognized prize or award for excellence in your field. Team awards can count if you are a named recipient. The focus is on your award, not your employer’s.
National or international tech awards – e.g., government innovation prizes, respected industry awards, major startup or product awards.
Top conference awards – best paper, best demo, best startup or product at recognized conferences or summits.
Elite accelerator or grant honors – highly selective accelerator prizes, national research or innovation grants recognizing excellence.
Excellence basis – clear criteria showing the award recognizes outstanding achievement in your field.
Recognition scope – national or international standing of the granting body and the award’s reputation.
Selectivity – number of recipients, acceptance or win rates, and who can compete.
Competitor limits – Is the competition limited to a certain age, gender, or ethnicity group that would substantially narrow the competitive field?
Membership or fellowship in a professional association that admits only candidates with outstanding achievements, as judged by recognized experts. General, pay-to-join, or credentials-only memberships do not qualify.
IEEE Fellow – awarded by peer nomination and rigorous review, limited to ≤0.1% of IEEE members annually for extraordinary technical achievements.
ACM Fellow – conferred on <1% of ACM members, requiring proven outstanding contributions to computing and peer-elected recognition.
National Academy of Engineering (NAE) Member – elected by current members based on documented, exceptional engineering accomplishments.
AAAS Fellow (American Association for the Advancement of Science) – elected by peers in recognition of scientifically or socially distinguished achievements in the field.
Selection criteria – Does the organization explicitly require outstanding achievements in your field.
Who decides – Are nominees reviewed and approved by national or international experts (for example, a council of fellows).
Selectivity & scope – Acceptance rates, nominee pool, and the organization’s national or international standing.
Your level – Your specific grade (for example, Fellow vs. Member) must be the one that carries the rigorous standard.
Coverage that is about you in the context of your work in your field of talent, appearing in professional or major trade publications or other major media. It can be print, online, audio, or video. Marketing or paid placements generally do not qualify.
In-depth interview or podcast with a recognized tech publication focused on your product, research, or open-source leadership.
Feature or profile on you or your work in a top industry outlet or major newspaper/magazine.
Conference or product launch coverage that substantively discusses your role and contributions (not merely mentioning your name).
About you, not just your company – The piece should focus on your work or include substantial discussion linking you to the achievements.
Publication stature – Professional or major trade outlet for the field, or widely read mainstream media. Indicators include target audience, circulation, readership, viewership, domain reputation, and editorial standards.
Independence – Not paid or promotional content. Press releases, advertorials, or pay-to-publish items usually do not count.
Substance – Depth of analysis, originality, and clear connection to your specific contributions.
You have formally evaluated others’ work in your field or a closely related field, and you actually performed the review. Invitations alone are not enough.
Journal or conference peer review – completed reviews for reputable CS/AI/SE journals or program committees, with proof of assignments completed.
Grant or accelerator selection – reviewer or panelist for government R&D programs, venture funds, or top accelerators where you assess technical merit.
Standards or open-source governance – maintainer or committee member evaluating proposals, RFCs, or significant PRs for widely used projects or standards bodies.
Competition judging – judge for respected hackathons or tech awards with published criteria and competitive selection.
Same or allied field – the work you judged aligns with your expertise.
Actual participation – evidence you completed reviews or judging, not just invitations.
Selectivity & stature – reputation of the journal, conference, program, or competition and the rigor of its process.
Scope & frequency – multiple completed reviews or service across notable venues strengthens the case.
You created something original in your field and it is of major significance – meaning it measurably moved the field, market, or practice forward (not just “new,” but important).
Widely adopted technology – OSS projects with substantial external adoption; libraries/frameworks powering notable products; inclusion in major distributions or platforms.
Breakthrough product or system – step-change performance, cost, safety, or security used by recognized companies or institutions.
Influential research – papers or preprints with high field-relative citations, best-paper awards, or replication and extension by other teams.
Patents with real uptake – licensed by third parties, embedded in shipped products, or generating revenue.
Standards & protocols – contributions that became part of a widely used standard or de-facto industry practice.
Security & reliability impact – CVE attributions, frameworks reducing incidents at scale, proven availability or latency improvements across many users.
Originality – you conceived or led the core idea or method, documented with technical artifacts.
Major significance – independent field-level impact, shown by external adoption, citations, licensing, benchmark leadership, standards inclusion, prominent deployments, or expert commentary. Funding, a patent filing, or publication alone is not enough without proof of impact.
You wrote scholarly articles in your field, published in professional or major trade publications or other major media. Scholarly means work aimed at learned readers that reports original research, experimentation, or rigorous technical analysis, typically with citations and peer review.
Papers in peer-reviewed computing journals or top conferences with proceedings.
Industry research articles in respected professional outlets.
Published conference presentations at nationally or internationally recognized events.
USCIS checks that you authored scholarly articles in the field. They confirm you are the author and that the work is scholarly in nature, meaning original research, experimentation, or rigorous discourse written by an expert and generally peer reviewed; in non-academic settings, it should be written for learned readers with profound, study-based knowledge.
USCIS checks the publication venue. They determine whether it is a professional publication, major trade publication, or major media, and assess the intended audience and the outlet’s circulation or readership relative to others in the field.
Usually not relevant for tech professionals.
You served in a leading role (you directed people, strategy, or outcomes) or a critical role (your work was essential to key results) for an organization, division, or team with a distinguished reputation.
Founder or co-founder at a company with a distinguished reputation.
CTO, Chief Architect, Engineering Director, or Head of Engineering at a company with a strong reputation.
AI researcher or AI engineer who played a critical role in developing a novel model, algorithm, or method within a distinguished organization.
Head of Product or Product Manager leading development of a flagship product at a distinguished company.
Role assessment – leading or critical. USCIS looks for proof you led people, strategy, or major deliverables (leading) or that your work was essential to key outcomes (critical). Titles help only if duties match; performance and impact matter most, and a support title can still be critical.
Organization assessment – distinguished reputation. Show the org or division is recognized for excellence – market leadership, marquee customers, notable press, competitive grants. Size or age is not decisive. For startups, stage-appropriate VC or government funding is a positive factor.
Your cash or total compensation is significantly higher than peers in your field/level/location. Prospective comp can qualify if supported by a credible offer or contract.
Base salary, bonus, RSUs/options grant value, retention awards, sign-on bonuses.
Consulting day rates or retainers well above market.
Advisory equity with meaningful grant size or premium vesting terms.
Founder/exec comp set by a board with market benching.
Relative comparison – role, level, specialty, and location-adjusted market data.
Source quality – reputable compensation surveys or audited company ranges.
Apples-to-apples – same currency, time period, and pay basis (annual vs hourly/day rate), with conversions shown.
Credibility for offers – for startups, funding and investor quality support the offer’s reliability.
Usually not relevant for tech professionals.
If a standard criterion does not readily fit your role, you may submit comparable evidence of similar weight. Explain clearly why the listed criterion is hard to apply in your occupation, then provide alternative proof that shows equivalent significance and supports sustained national or international acclaim. USCIS first decides whether the regular criterion is not easily applicable, then assesses whether your substitute evidence is truly comparable.
Meeting a listed criterion or its comparable counterpart satisfies Step 1 only. USCIS then conducts Step 2 – final merits, asking whether the total record shows you are among the small percentage at the very top with sustained national or international acclaim.
USCIS takes a step back and reviews everything together to decide if you are among the small percentage at the very top of your field with sustained national or international acclaim. The standard is more likely than not based on the total record.
Clear pattern of independent, ongoing recognition
Evidence that your impact is field-level, not just company-level
Quality over volume – a few strong exhibits beat many weak ones
Publications or conference papers in high-ranked venues, with meaningful authorship
High field-relative citations or broad adoption of your work
Roles at distinguished companies, labs, or programs, or funded R&D as named PI
Unsolicited invitations to speak at recognized conferences or industry forums
Standards, open-source, or platform adoption demonstrating wide influence
Bottom line – Final merits looks for a coherent narrative of sustained, independent, field-level acclaim. If any item is weak, add context and third-party validation so the total record clearly shows top-of-field standing.
An approved I-140 is not a Green Card – the approval notice does not give you the right to live, work, or travel in the U.S.
If you applied inside the U.S., your next step is typically to file an Adjustment of Status application:
Book and attend a civil surgeon exam.
At this stage you can add dependents – your spouse and unmarried children under 21 can file their own application as derivatives.
Processing can take a few to several months; you must not leave the U.S. unless you have Advance Parole.
If you need to work or travel sooner, you can file application for Employment Authorisation and Advance Parole – in practice, many cases get the Green Card faster than the combo card.
Once approved, you receive a Welcome Notice and your Green Card by mail.
If you applied outside the U.S., you would go through the Consular Processing route:
After your petition is approved, your approval is uploaded to the State Department system and your case becomes active.
You pay the required fees and submit your online immigrant visa application and civil documents.
You schedule a medical exam with an approved physician.
When your file is complete and an interview slot opens, you receive an appointment date – often set about 2–3 months ahead, timing varies by embassy or consulate.
You attend the interview; if approved, your passport with the immigrant visa is usually returned within 1–2 weeks.
You pay the immigrant fee to the U.S. immigration agency so your Green Card can be produced, then travel to the United States and become a permanent resident upon entry.
Your physical Green Card typically arrives by mail in several weeks to a couple of months.
Dependents – spouse and unmarried children under 21 – follow the same steps and may accompany you or follow to join.
EB-1A is not just a compilation of evidence – it is a strategic submission that must prove your extraordinary ability, show that you are among the very small percentage at the top of your field, demonstrate that you not only meet the regulatory criteria but also satisfy the two-step assessment, establish national or international acclaim, and clearly show your value to the U.S.
How CSMPLT Can Help:
Gap Analysis & Evidence Sourcing – We analyze your materials, identify what's missing, and actively research third-party evidence from public sources to corroborate your achievements and meet specific criteria.
Professional Documentation – We structure, label, and format all exhibits with explanatory captions, build comprehensive evidence indexes with cross-references, and arrange certified translations when required.
Continuous Case Refinement – We track remaining gaps, request additional materials as needed, and adjust strategy as new information arrives to strengthen your position.
Independent Quality Control – Beyond your dedicated case team, at least two senior professionals independently review your entire case to catch inconsistencies, errors, or missed opportunities.
Proactive Weakness Management – We anticipate potential questions or objections evaluators might raise and address them directly in your application before submission.
Full-Service Case Management – We handle every administrative detail from document preparation to translation coordination, so you focus on your work while we manage the complex logistics.
The CSMPLT Difference:
Strategic Positioning – We map your unique achievements against evaluation criteria to find your strongest competitive angle and craft your narrative around it
Narrative Mastery – we craft a compelling arc that connects your past achievements to future potential
Evidence Curation – we build as strong a case as it can be using data, metrics, and third-party validation
We Drive the Process – from strategic brainstorming sessions and stakeholder coordination to deadline management and final approvals. You focus on your work while we ensure nothing falls through the cracks.
Risk Mitigation – we stress-test your application against common failure points
You must meet at least three criteria and pass an overall assessment showing that you are among the very small percentage at the top of your field, are recognized at the national or international level, and that your presence will benefit the U.S.
You do not need a job offer – however, you must show how you will continue working in your field in the U.S. and how your presence will benefit the country. In short, even without a job offer, you still need to address these points clearly.
EB-1A leads to a Green Card (permanent residency). O-1A is a temporary work visa. O-1A can be a stepping stone, but EB-1A is the end goal for a long-term U.S. stay.
While the criteria look similar, the threshold is higher for EB-1A, so previous approval of O-1A – while a good signal – does not guarantee EB-1A approval.
The EB-1A process, from filing the petition to receiving a Green Card, can take from 6 months with premium processing and up to 18 months or more with regular processing.
Whether you want full hands-on support, guided independence, or just to check if you qualify – we’ve got a path for you.
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