EB-1A Green Card Attorney

The EB-1A green card is the employment-based first preference category for people with extraordinary ability in the sciences, arts, education, business or athletics, and it can be filed without an employer, a job offer or a labor certification. Capitol Law Partners prepares EB-1A petitions for researchers, engineers, physicians, executives, founders, artists and athletes whose records place them at the top of their fields. We assess the case candidly, build the legal argument around the regulatory criteria, and manage the petition from the first consultation through permanent residence.

What an EB-1A attorney does for you

An extraordinary ability petition is a documented legal argument, and the officer must be persuaded both that you meet the regulatory criteria and that the whole record shows sustained national or international acclaim. Our work covers:

A frank assessment of whether EB-1A is realistic now, or whether an EB-2 National Interest Waiver, an EB-1C transfer or an O-1A visa should come first.
Selecting the criteria you can prove and planning how to document each one.
Drafting the petition brief, including the final merits argument that ties the evidence together.
Writing outlines for recommendation letters and guiding your recommenders.
Organizing, indexing and translating exhibits so every claim is verifiable.
Filing Form I-140 and, where the Visa Bulletin allows, a concurrent Form I-485 adjustment of status application.
Responding to Requests for Evidence and Notices of Intent to Deny, and handling the consular stage for clients abroad.

Who qualifies for an EB-1A green card

The category is defined at INA 203(b)(1)(A) and 8 CFR 204.5(h). You must show three things: extraordinary ability in your field demonstrated by sustained national or international acclaim, that you will continue working in that field in the United States, and that your work will substantially benefit the country. The regulation defines extraordinary ability as a level of expertise indicating that you are among the small percentage who have risen to the very top of the field.

No employer is needed. You may self-petition, but you must still show that you intend to keep working in your area of expertise, for example through contracts, letters from prospective employers or clients, or a detailed statement of your plans, as 8 CFR 204.5(h)(5) requires.

The ten EB-1A criteria and the Kazarian standard

Under 8 CFR 204.5(h)(3), you can qualify with a single major internationally recognized award, such as a Nobel Prize. Nearly everyone else must document at least three of these ten criteria:

Nationally or internationally recognized prizes or awards for excellence in the field.
Membership in associations that require outstanding achievements of their members, as judged by recognized national or international experts.
Published material about you in professional or major trade publications or other major media.
Participation as a judge of the work of others, individually or on a panel.
Original scientific, scholarly, artistic, athletic or business-related contributions of major significance.
Authorship of scholarly articles in professional or major trade publications or other major media.
Display of your work at artistic exhibitions or showcases.
A leading or critical role for organizations with a distinguished reputation.
A high salary or other significantly high remuneration in relation to others in the field.
Commercial success in the performing arts.

If a criterion does not readily apply to your occupation, 8 CFR 204.5(h)(4) permits comparable evidence, and USCIS Policy Manual guidance addresses fields such as STEM research and entrepreneurship.

Meeting three criteria is only the first step. Since Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010), officers apply a two-part analysis: they first count the criteria you satisfy, then conduct a final merits determination asking whether the record as a whole shows sustained acclaim and a position at the very top of the field. Many petitions fail at this second step, so we write the brief to win it rather than to check boxes.

Process and timeline

Case assessment. We review your CV, awards, publications, roles and press and tell you which criteria are strong and whether to file now.
Evidence plan. We list the exhibits needed for each criterion and draft letter outlines for your recommenders.
Drafting. We prepare the petition brief, Form I-140 and the exhibit index, and we review every letter before it is signed.
Filing. Premium processing is available for EB-1A petitions and commits USCIS to act on the I-140 within 15 business days. Regular processing times vary and are published by USCIS.
RFE or NOID, if any. We answer each point with targeted evidence and argument before the deadline.
Green card stage. If your priority date is current under the Visa Bulletin and you are in the United States in lawful status, Form I-485 can be filed with the I-140 or after approval. If you are abroad, the approved petition moves to consular processing.

Availability in the EB-1 category depends on your country of birth and the monthly Visa Bulletin. Your spouse and unmarried children under 21 qualify as derivative beneficiaries.

Evidence that supports an EB-1A petition

Award certificates with evidence of each award's selection criteria, scope and reputation.
Membership rules and bylaws showing that outstanding achievement is required for admission.
Full copies of articles about you, with circulation or readership data for the publication.
Invitations and confirmations of peer review, editorial board service, competition judging or grant panels.
Publication and citation records, patents, licenses, adoption of your methods or products, and letters from independent experts describing the significance of your contributions.
Organizational charts, letters and press establishing both your role and the organization's distinguished reputation.
Pay records compared with reliable wage data for your occupation and location.
Evidence of your plans to continue working in the field in the United States.

Common problems in EB-1A cases

Requests for Evidence in this category tend to raise the same issues: awards that are internal, student-level or local; memberships that only require a fee or a degree; press that only mentions you in passing; contributions described as important without evidence that others in the field adopted or relied on them; and letters written by close colleagues that praise you without explaining the work. A frequent reason for denial is the final merits determination, where the officer accepts three criteria but concludes that the record does not show sustained acclaim.

We address these issues before filing by documenting the standing of each award, publication and organization, by selecting independent recommenders, and by writing a brief that connects the exhibits to the legal standard. If you received an RFE, NOID or denial on a petition prepared elsewhere, we can evaluate the record and take over. When a case is stuck beyond posted processing times, we also bring mandamus actions to compel a decision.

Why Capitol Law Partners

Cagatay Ersoy, founder and managing partner of Capitol Law Partners, is a graduate of Columbia Law School and focuses on employment-based immigration, including EB-1A, EB-2 NIW, O-1, E-2 and L-1 matters, alongside business and trademark law. Our attorneys and staff work in English, Turkish, Spanish, Portuguese and French. We represent EB-1A petitioners nationwide from our offices in Washington, DC, Northern Virginia, New York and Minneapolis, and our Istanbul office serves clients applying from abroad. Employers sponsoring talent can see our business and employment immigration services.

Learn more about the EB-1A

Start your EB-1A case

Send us your CV and a short summary of your awards, publications, roles and press. We will tell you which criteria you can prove and whether EB-1A, EB-2 NIW or O-1A is the right first step. Schedule a consultation or call +1 (202) 440-2272.

Frequently Asked Questions

Do I need a job offer or an employer to file an EB-1A petition?

No. The EB-1A is a self-petition category, so you file Form I-140 as your own petitioner and no labor certification is required. You must still show that you intend to continue working in your area of extraordinary ability in the United States, for example through contracts, letters from prospective employers or clients, or a detailed statement of your plans.

How many of the ten EB-1A criteria do I need to meet?

At least three, unless you hold a major internationally recognized award such as a Nobel Prize. Meeting three criteria does not end the inquiry. Under the Kazarian framework, USCIS then conducts a final merits determination and asks whether the record as a whole shows sustained national or international acclaim and a position at the very top of your field, so the quality of the evidence matters as much as the count.

What is the difference between EB-1A and the EB-2 National Interest Waiver?

Both allow you to self-petition without an employer. EB-1A requires proof that you are among the small percentage at the very top of your field, which is a higher threshold, but the EB-1 category is often more favorable under the Visa Bulletin. The NIW focuses on the national importance of your proposed work and your ability to advance it. Many clients qualify for both and we often file them together.

How long does an EB-1A case take?

Preparing the petition usually takes two to four months, depending mostly on how quickly recommenders return their letters. With premium processing, USCIS commits to act on the I-140 within 15 business days. The green card itself then depends on your priority date under the Visa Bulletin and on whether you adjust status in the United States or complete consular processing abroad.

Can I file Form I-485 at the same time as my EB-1A petition?

Yes, if you are in the United States in lawful status and a visa number is available for your country of birth under the Visa Bulletin. Concurrent filing lets you request employment authorization and advance parole while the case is pending. Premium processing speeds up the I-140 decision but does not change the I-485 timeline.

Can I file an EB-1A petition while I am on an O-1 or H-1B visa?

Yes. Filing an immigrant petition does not jeopardize O-1 status, and H-1B status permits dual intent, so both are common starting points for an EB-1A case. Many professionals build their record on an O-1A and then use the same evidence, strengthened over time, to support the EB-1A petition and the green card.

What happens if my EB-1A petition is denied?

A denial does not prevent you from filing again. Depending on the reasons USCIS gives, we may file a motion to reopen or reconsider, appeal to the Administrative Appeals Office, or prepare a new petition with stronger evidence or under a different category such as the EB-2 NIW. We review denials of petitions prepared by other firms or by the applicant.

Can my spouse and children get green cards through my EB-1A petition?

Yes. Your spouse and unmarried children under 21 are derivative beneficiaries. They can file their own I-485 applications with yours if you are in the United States, or process at a U.S. consulate if abroad, and they receive permanent residence when you do.

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EB-1A Green Card Attorney: Extraordinary Ability Lawyers