Employment-based green card
What is the EB-1A green card (extraordinary ability)?
EB-1A is a first-preference employment-based immigrant visa (green card) for individuals with extraordinary ability in the sciences, arts, education, business, or athletics. Its key advantage: you can self-petition — no employer sponsor and no PERM labor certification are required.
Primary legal authority
- INA §203(b)(1)(A) — Establishes the first-preference category for aliens with extraordinary ability.
- 8 CFR §204.5(h)(3) — The ten evidentiary criteria for EB-1A; a petition must satisfy at least three (or show a one-time major internationally-recognized award).
- Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010) — Established the two-step analysis USCIS applies: count the criteria met, then a final-merits determination of sustained acclaim.
Who qualifies
EB-1A applicants must demonstrate extraordinary ability shown by sustained national or international acclaim, with achievements recognized in the field. As with the O-1A, this is the small percentage at the very top.
Eligibility is met by a one-time major internationally recognized award, or by satisfying at least three of the ten criteria in 8 CFR §204.5(h)(3) (awards, association memberships, published material about you, judging, original contributions of major significance, authorship of scholarly articles, displays at exhibitions, leading/critical roles, high remuneration, or commercial success in the performing arts).
Why it is attractive
Because EB-1A permits self-petition, the applicant controls the process and does not need a job offer or the lengthy PERM labor certification that most other employment green cards require.
USCIS adjudicates under the Kazarian two-step framework: first whether the evidence meets at least three criteria, then a final-merits review of whether, taken together, it shows the required sustained acclaim.
Frequently asked questions
Do I need an employer to sponsor an EB-1A?
No. EB-1A allows self-petition under INA §203(b)(1)(A), so no employer sponsor and no PERM labor certification are required.
How is EB-1A different from the O-1A?
Both use an extraordinary-ability standard, but O-1A is a temporary work visa (nonimmigrant) while EB-1A is a green card (immigrant visa). EB-1A criteria come from 8 CFR §204.5(h)(3); O-1A from 8 CFR §214.2(o)(3)(iii).
How many EB-1A criteria must I meet?
At least three of the ten criteria in 8 CFR §204.5(h)(3), unless you hold a one-time major internationally recognized award.
JustiGuide provides legal information, not legal advice, and is not a law firm. This page is a general overview and is not a substitute for advice about your specific situation from a licensed immigration attorney. Last reviewed 2026-05-27.