Skip to main content

EB-1A Lawyer & Extraordinary Ability Green Card

The EB-1A is a first-preference employment-based green card for people with extraordinary ability in the sciences, arts, education, business, or athletics. You file Form I-140 on your own behalf, with no employer sponsor and no PERM labor certification. Approval takes either one major internationally recognized award or at least three of the ten regulatory criteria, followed by a final-merits finding that you are among the small percentage at the very top of your field.

Overview

About This Visa

The EB-1A is the employment-based first-preference immigrant visa for individuals with extraordinary ability in the sciences, arts, education, business, or athletics, demonstrated through sustained national or international acclaim. No employer sponsor is required, and no PERM labor certification is needed—the petitioner self-files Form I-140 on their own behalf.

Under Kazarian v. USCIS, every EB-1A petition is reviewed in two distinct steps. Step one asks whether the record meets at least three of the ten regulatory criteria (or a single major internationally recognized award like a Nobel or Olympic medal). Step two is the final-merits determination, in which USCIS evaluates whether the totality of the evidence shows sustained acclaim and that the petitioner is among the small percentage at the very top of the field. Petitions are won and lost at step two as often as at step one, and most weak filings underweight the final-merits analysis.

At Locke Immigration Law, every EB-1A case is built around a specific theory of the field and a deliberate plan for how each piece of evidence supports both criterion-meeting and the final-merits showing. Managing Attorney Loren Locke, a former U.S. Foreign Service Officer who adjudicated thousands of visa applications, brings an adjudicator's perspective to evidence selection: what is credible at a glance, what reads as inflated, and what specific framing typically survives RFE review. We do not file template petitions; we do not delegate drafting to non-attorneys; and we evaluate alternatives (EB-2 NIW, O-1) before recommending EB-1A when the merit fit is borderline.

EB-1A is the fastest path to a U.S. green card for most countries—self-petitioned, no labor certification, premium processing available, and EB-1 priority dates generally current. The merit bar is high; the procedural path is short.

Your Attorneys

Who Files Your EB-1A Petition

Two attorneys build EB-1A petitions at Locke Immigration Law, and both work your file directly. Loren Locke, Managing Attorney, served two years as a U.S. Foreign Service Officer and consular officer at the U.S. Consulate General in Matamoros, Mexico, where she adjudicated some 12,000 nonimmigrant visa applications. She reads a petition the way the officer deciding it will. Ryan Locke teaches trial presentation and storytelling as an Adjunct Professor at Emory University School of Law and sits as a Judge on the Fulton County Magistrate Court; he builds the narrative that carries a record through the final-merits step. No paralegal drafts your petition, and no template supplies its theory.

The approvals we publish include EB-1A petitions approved without a Request for Evidence and EB-1A petitions approved on five and six criteria. Read the case-by-case write-ups on our approvals page, then measure your own record against the EB-1A requirements before you commit to a filing date.

Fees are flat and quoted before work begins: one transparent flat fee for the initial filing, and a separate quote upfront if USCIS issues a Request for Evidence. During petition preparation and RFE windows we answer within 24 to 48 hours. USCIS premium processing costs $2,965 and returns a decision in 15 business days; we tell you when it is worth buying and when it is not. Start with a consultation.

EB-1 priority dates, by country

Final Action Dates — EB-1 rides years ahead of EB-2

EB-1 is current or near-current for most of the world; only India and China lag — and even they sit years ahead of their EB-2 lines. That gap is the case for pursuing EB-1A: it is the fastest employment-based path to a green card, with no labor certification and, for most nationalities, no priority-date wait at all.

Source: U.S. State Dept Visa Bulletin (travel.state.gov), Final Action Dates. “Current” is plotted at the filing month; “Unavailable” periods are drawn as gaps. Educational, not legal advice — check the current bulletin. Data as of 2026-10-09.

Eligibility

EB-1A Criteria (Meet 3 of 10, Then Final Merits)

You must demonstrate extraordinary ability through sustained national or international acclaim. A single major internationally recognized award—Nobel Prize, Olympic medal, Pulitzer, Academy Award—satisfies the requirement on its own. Otherwise, you must meet at least three of the ten regulatory criteria below, and the final-merits review must show that the totality of the evidence places you at the very top of your field.

  • Nationally or internationally recognized prizes or awards for excellence

  • Membership in associations that require outstanding achievement of their members, judged by recognized national or international experts

  • Published material about you in professional or major trade publications or major media

  • Participation as a judge of the work of others in your field

  • Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance

  • Authorship of scholarly articles in professional or major trade publications or major media

  • Display of your work at artistic exhibitions or showcases

  • Leading or critical role in distinguished organizations

  • High salary or other significantly high remuneration relative to others in the field

  • Commercial successes in the performing arts

Process

The EB-1A Process

1

Define the Field and Case Theory

We define the field of extraordinary ability—broad enough to encompass your strongest evidence, narrow enough to make top-of-field framing plausible. This step is the difference between a coherent petition and a list of disconnected accomplishments. We commit to the framing before drafting begins.

2

Build the Criterion Record and Final-Merits Arc

We assemble evidence for the three or more criteria the petition will rely on, and parallel evidence supporting the final-merits showing of sustained acclaim. Recommendation letters are drafted from independent experts—not personal contacts—because independence is among the most weighted signals an adjudicator looks for.

3

File the I-140 Petition

We file Form I-140 with USCIS, along with the petition brief, exhibits, and a complete index. Premium processing is available for $2,965 with a 15-business-day response. We track adjudicator behavior at the assigned service center and prepare RFE responses with the same depth as the initial filing.

4

Adjustment of Status or Consular Processing

After I-140 approval, you file Form I-485 to adjust status if you are in the U.S. and a visa is available, or you process the immigrant visa at a U.S. Consulate abroad. EB-1 priority dates are generally current for most countries, making the EB-1A the fastest employment-based green card path; India- and China-born petitioners face longer waits depending on visa bulletin movement.

Why Locke Immigration Law

Fortune 500 counsel, working directly on your case

Loren Locke

Loren Locke

Managing Attorney

Partner-level immigration counsel to Fortune 500 employers at a national firm — and before that, a U.S. diplomat who decided some 12,000 visa applications at the consulate window.

Fortune 500
Corporate immigration counsel at a national firm
12,000+
Visa decisions as a U.S. consular officer
Since 2008
Working in U.S. immigration
Client Approval Story — EB-1A
“Our client, an AI strategist, received EB-1A approval without a Request for Evidence—a testament to the strength of the petition we built together.”
Read the full story
EB-1A Extraordinary Ability Green CardEB-1A Criteria — How USCIS Evaluates EachPatents, Citations & Publications: What USCIS Actually Wants

Featured in

NewsweekCondé Nast TravelerDaily MailCBS NewsCNBCAssociated Press
FAQs

Frequently Asked Questions

Need counsel to take over a short-deadline RFE? See the seven-calendar-day response service →

Received a Request for Evidence? The RFE Encyclopedia decodes the stock phrases USCIS uses →

Ready to Get Started?

Tell us about your immigration needs and we'll be in touch to discuss how we can help.

Immigration counsel to Fortune 500 employers at a national firm · Adjudicated 12,000+ visas at the U.S. Consulate, Mexico · Working in U.S. immigration since 2008 Featured in Newsweek, Condé Nast Traveler, Daily Mail