EB-1A Visa & Green Card
The premier green card for individuals with extraordinary ability—no employer sponsor required.
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.
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
The EB-1A Process
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.
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.
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.
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.
Results, Credentials, Press
“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.”
Loren Locke
Managing Attorney
Former U.S. consular officer in Matamoros, Mexico — adjudicated some 12,000 visa applications before founding Locke Immigration Law.
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Adjudicated 12,000+ visas at the U.S. Consulate, Mexico · Former U.S. Foreign Service Officer · J.D. William & Mary Law School
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