EB-1A 2026: requirements, criteria, fees, processing time
EB-1A green card in 2026: who qualifies, the 10 criteria and final merits, I-140 fees ($715 + $300), premium processing, wait times and how to self-petition.
Contents12
- What is the EB-1A visa?
- Who is EB-1A for, and how is it different from O-1 and EB-2 NIW?
- What are the 10 EB-1A criteria, and how many do you need?
- The two-step USCIS review: criteria, then final merits
- What documents do you need for EB-1A?
- How long does an EB-1A decision take?
- EB-1A filing fees in October 2026
- How to file EB-1A yourself: 9 steps
- Why EB-1A petitions get denied: common mistakes
- Real EB-1A stories
- EB-1A FAQ
- Official EB-1A sources
How long the EB-1A green card takes now
As of October 2, 2026, USCIS data shows that 80% of EB-1A Form I-140 petitions are completed within 32.5 months. There is no Visa Bulletin line for All Chargeability (everyone born outside China, India, Mexico and the Philippines): EB-1 is Current in the October 2026 bulletin.
| Step | Now |
|---|---|
| I-140 EB-1A (E11): 80% of cases | 32.5 months |
| EB-1 in the October 2026 bulletin (All Chargeability, Final Action) | C (no line) |
| Employment-based I-485 (EB-1, EB-2, EB-3), USCIS field offices: 80% of cases | 9.5 months |
"80% of cases" is the time in which USCIS completed 80% of such cases over the last six months, from filing to decision (how USCIS counts it). It is not a promise for your case.
Bulletin dates by month, and for China and India: EB-1 and EB-2 Visa Bulletin.
Source: USCIS, Check Case Processing Times, data as of October 2, 2026.
Source: U.S. Department of State, Visa Bulletin for October 2026, data as of October 2, 2026.
USCIS and the State Department update these numbers once a month, and so do we.
This is the O1EB1 guide to EB-1A: what USCIS (U.S. Citizenship and Immigration Services) requires, the 10 criteria, timelines, filing fees and the filing steps. Every number comes with a source and a date. Our detailed write-ups of each criterion are in Russian for now.
The short version, as of October 8, 2026
You do not need an employer or a sponsor: you can file the I-140 petition for yourself.
You have to meet at least 3 of the 10 criteria and then pass a review of the whole petition (final merits).
There is no EB-1 line in the Visa Bulletin for anyone except people born in mainland China or India.
The USCIS fee for a self-filed I-140 is $715 + $300 by mail, or $665 + $300 online.
What is the EB-1A visa?
EB-1A is a U.S. green card category for people with extraordinary ability in the sciences, arts, education, business or athletics. It goes to people who can show sustained national or international acclaim in their field.
You do not need a sponsoring employer, a job offer or labor certification. You can file the Form I-140 petition yourself, which is called a self-petition (8 CFR 204.5(h)(1) and (h)(5)).
Definition of extraordinary ability
who USCIS treats as extraordinary
"Extraordinary ability means a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor."
you are among the small group of people who have reached the very top of your field.
Источник: eCFR, 8 CFR 204.5(h)
EB-1A leads to a green card, which is permanent status in the U.S. Once the I-140 is approved, your spouse and unmarried children under 21 can get green cards with you as E-14 and E-15 dependents (USCIS page on EB-1).
Achievements are not enough on their own. Two more conditions apply: you will keep working in your field in the U.S., and your coming will substantially benefit the U.S. (Policy Manual, Volume 6, Part F, Chapter 2). How to describe your plans: "Plans for working in the U.S." (in Russian).
Are EB-1 and EB-1A the same thing?
No. EB-1 is the first employment-based preference, and it has three groups: extraordinary ability (EB-1A, code E11), outstanding professors and researchers (E12) and multinational managers and executives (E13). Only EB-1A lets you file for yourself. The other two need a U.S. employer.
Who is EB-1A for, and how is it different from O-1 and EB-2 NIW?
EB-1A fits people whose recognition is already on paper: awards, articles about them, judging the work of others, a visible contribution to the field. There is no age limit. The Policy Manual says you can be early in your career and still show sustained acclaim. Here is how it compares with O-1 and EB-2 NIW:
Feature | EB-1A | O-1 | EB-2 NIW |
|---|---|---|---|
What it is | Green card | Temporary work visa | Green card |
Who files the petition | You, or anyone on your behalf | A U.S. employer or agent; you cannot file for yourself | You, no employer needed |
Form | I-140 | I-129 | I-140 |
What you must prove | 3 of 10 criteria or a major award, then final merits | 3 of 8 criteria for O-1A, or a major award | EB-2 eligibility plus the three Dhanasar prongs |
Premium processing | 15 business days | 15 business days | 45 business days |
Line in October 2026 (all countries except China and India) | No, "C" | Does not apply | Yes, Final Action Date January 1, 2025 |
How long it lasts | Permanent status | Petition valid up to 3 years | Permanent status |
Sources for the table: 8 CFR 214.2(o), Policy Manual on NIW, USCIS on premium processing, October 2026 Visa Bulletin. More detail: O-1 vs. EB-1A vs. EB-2 NIW vs. H-1B, our EB-2 NIW guide and our O-1 visa guide (all in Russian).
What are the 10 EB-1A criteria, and how many do you need?
You need at least 3 of the 10 criteria in 8 CFR 204.5(h)(3), or a one-time achievement: a major internationally recognized award on the level of a Nobel Prize. What counts, per the Policy Manual (each linked guide is in Russian):
- Awards and prizes - nationally or internationally recognized awards for excellence in the field. An award inside one company, city or university usually does not qualify.
- Membership in associations - only where members are chosen by recognized experts for outstanding achievement. Membership you get for years of experience, a degree or a fee does not count.
- Published material about you - articles about you and your work in professional or trade publications or major media, with the title, date and author. Advertising does not qualify.
- Judging - you reviewed papers, sat on a jury or on a thesis committee. You need both the invitation and proof that you did the work.
- Original contributions of major significance - your work changed the field, not just your company. A patent or a paper does not prove this on its own.
- Scholarly articles - your articles in peer-reviewed journals, professional publications or major media, and published conference papers.
- Exhibitions - your work shown at artistic exhibitions or showcases, and only artistic ones. We do not have a separate guide on this one yet.
- Leading or critical role - for an organization, or a division of one, with a distinguished reputation. What you actually did matters more than your title.
- High salary - pay that is high compared with others in your field, using data for your country and role. A contract for future pay can count too.
- Commercial success in the performing arts - box office receipts, or record, cassette, CD or video sales, compared with others. We do not have a separate guide on this one yet.
Comparable evidence
If a criterion does not fit your occupation well, you can submit comparable evidence instead (8 CFR 204.5(h)(4)). The Policy Manual gives examples: an engineer in industry can show a presentation at a major trade show in place of scholarly articles, and a startup founder can show a valuable equity stake in place of salary. You have to explain in detail why the standard criterion does not apply. There is no substitute for a major international award.
The two-step USCIS review: criteria, then final merits
The officer first counts which criteria you meet, then weighs all the evidence together. This order comes from the court case Kazarian v. USCIS (2010) and is written into the Policy Manual, Volume 6, Part F, Chapter 2.
Step 1: do you meet the criteria?
The officer checks whether each piece of evidence fits the criterion, using the preponderance of the evidence standard ("more likely than not"). You need at least three criteria met, or a major award. Whether you are at the top of your field is not decided at this step.
Step 2: the final merits determination
Here the officer looks at the whole case: do you have sustained acclaim, and are you among the small percentage at the top? Cases get denied at this step even with three criteria met. What helps, according to the Policy Manual:
- articles in highly ranked journals in your field;
- a high citation count compared with peers, such as a high h-index;
- work or research at leading institutions;
- invitations to speak at major conferences that you did not ask for;
- taking part in a competitive U.S. government grant project in a STEM field.
An officer cannot deny you just because an "expected" type of evidence is missing if you met three criteria with other evidence, and a denial has to give specific reasons. How to prepare: "Final merits: why cases are denied after the criteria are met" and "Contribution: final merits" (both in Russian).
What documents do you need for EB-1A?
The package is Form I-140, the fee payment, a petition letter and evidence for each criterion, with English translations. The evidence has to show that you already qualified on the day you filed.
- Form I-140, edition 06/07/24. If you self-petition, answer No to question 5 in Part 1 and Yes to question 6. That is how USCIS applies the reduced $300 Asylum Program Fee (Form I-140 page).
- Payment: by mail, pay by card (Form G-1450) or from a U.S. bank account (Form G-1650). See how to pay USCIS fees (in Russian).
- Petition letter: which criteria you meet and why you are among the best in your field. See how to put the petition together (in Russian).
- Evidence for each criterion: award certificates, articles about you (with title, date and author), invitations to review, salary data.
- Recommendation letters - specific ones, from independent experts, backed by documents. See sample letters and how to avoid template letters (both in Russian).
- Plan for work in the U.S.: letters from future employers, contracts, or your own statement of plans (8 CFR 204.5(h)(5)).
- Translations: a full English translation of every foreign-language document, with the translator's certificate (8 CFR 103.2(b)(3)). See translating documents for USCIS (in Russian).
Do not send originals unless USCIS asks for them. Sign the forms by the rules in "How to sign USCIS forms" (in Russian).
Since August 5, 2026, USCIS can deny without an RFE
Under Policy Alert PA-2026-05, an officer can deny right away if the package is missing required initial evidence. Before you mail it, check it against the USCIS checklist for Form I-140 and our RFE-based petition checklist (in Russian).
How long does an EB-1A decision take?
Without premium processing, a long time. The USCIS processing times tool showed on October 2, 2026 that 80% of E11 (EB-1A) I-140 petitions are decided within 32.5 months. With premium processing, USCIS has to act within 15 business days.
Premium processing: 15 business days
Within that window USCIS issues an approval, a denial, an RFE or a NOID, or opens a fraud investigation. After an RFE or NOID, the clock starts again once USCIS receives your response. If you file Form I-907 together with the I-140, you have to file both by mail. If the I-140 is already pending and its receipt number starts with IOE, you can upload the I-907 online. The fee is $2,965 since March 1, 2026 (Federal Register).
Is there a Visa Bulletin line?
For most people, no. In the October 2026 bulletin, EB-1 shows "C" (current) in both charts for every country except mainland China and India. For China the Final Action Date is July 1, 2023, and for India it is February 1, 2023.
Your place in line (the priority date) is the day USCIS receives the complete petition with the fee (8 CFR 204.5(d)). The bulletin changes every month: how to read the Visa Bulletin for EB-1 and EB-2.
After approval: I-485 in the U.S. or a visa through a consulate
There are two paths: adjustment of status inside the U.S. (Form I-485) or an immigrant visa through a U.S. consulate.
If you are in the U.S. and self-petition, you can send the I-485 together with the I-140 (Form I-485 page). Since May 21, 2026, though, USCIS memo PM-602-0199 treats adjustment of status as extraordinary, discretionary relief, with the consular route as the ordinary path. What the memo means for EB-1A is on our I-485 page, in the section on the 2026 memo. The filing steps are on the same page: "Form I-485: adjustment of status inside the U.S.".
If you are outside the U.S., USCIS sends the approved petition to the National Visa Center (NVC). The NVC collects fees and documents, you fill out Form DS-260, and then the consulate schedules your interview (USCIS on consular processing). More detail: documents for the NVC, Form DS-260 and EB-1 FAQ (all in Russian).
EB-1A filing fees in October 2026
The petition itself costs $1,015 by mail ($715 for the I-140 plus the $300 Asylum Program Fee) or $965 online ($665 + $300). The rest depends on premium processing and on where you get the green card.
Fee | Amount | When you pay it |
|---|---|---|
I-140, filed by mail | $715 | Always, unless you file online |
I-140, filed online | $665 | Instead of the paper filing fee |
Asylum Program Fee (self-petitioner) | $300 | With the I-140 |
Premium processing, I-907 | $2,965 | Optional |
I-485, age 14 and over, mail / online | $1,440 / $1,390 | Adjustment inside the U.S., per person |
I-485, child under 14 filing with a parent, mail / online | $950 / $900 | Adjustment inside the U.S. |
I-765, work permit with a pending I-485 | $260 | Optional |
I-131, advance parole with a pending I-485, mail / online | $630 / $580 | Optional |
Immigrant visa fee, I-140 based | $345 | Consular route, per person |
USCIS Immigrant Fee | $235 | After you get the visa, per person |
Sources: USCIS fee schedule (Form G-1055, edition 10/07/26), State Department visa fees and the USCIS Immigrant Fee page, checked October 8, 2026. Open the latest G-1055 before you pay.
How to file EB-1A yourself: 9 steps
You can file EB-1A on your own, with no employer. You send the package by mail or through a USCIS online account.
- Assess the criteria. Write down which criteria your documents cover, and test yourself against our RFE-based checklist (in Russian).
- Collect the evidence: documents, translations and recommendation letters for each criterion.
- Write the petition letter and your plan for work in the U.S.
- Fill out Form I-140, edition 06/07/24, and sign it yourself.
- Decide on premium processing. If you want it from day one, mail the I-140 together with Form I-907.
- Pay and send the package. By mail, use the address on Direct Filing Addresses for Form I-140. Online, upload a PDF through your USCIS account. That option exists since December 16, 2025 for an I-140 filed without other forms.
- Get the receipt notice. The receipt date becomes your priority date.
- Answer an RFE or NOID if you get one: what an RFE is and how to respond (in Russian).
- After approval, file the I-485 in the U.S. or go through the consular stage with the NVC.
Why EB-1A petitions get denied: common mistakes
Most of the time the problem is not how many documents you sent but how strong they are: local-level awards, media with no proven audience, a contribution with no impact on the field. Our own database shows this: 251 EB-1A cases with an RFE, NOID or denial from 2023-2025.
These are problem cases, not an approval rate. The usual mistakes, based on the Policy Manual and our case reviews:
An award inside one company, city or university usually lacks national recognition. You need the selection criteria, the number of winners and evidence that the award is known. More: which awards USCIS accepts (in Russian).
Membership you get for experience, a degree or a payment does not count. You need rules showing that experts pick members for their achievements: the 4 elements of the membership test (in Russian).
An article about your company rather than you does not qualify, and neither does advertising. You also have to prove the outlet's audience: what USCIS treats as major media (in Russian).
A patent, grant or paper does not prove "major significance" by itself. You need citations, adoption by others, feedback from other experts: how to prove an original contribution (in Russian).
Letters that repeat USCIS wording or praise you without facts carry little weight. Letters from independent experts, backed by documents, carry more: how to write recommendation letters (in Russian).
Since August 2026, a package missing required evidence can be denied without an RFE. Officers also notice when dates, job titles and names differ between documents: how USCIS cross-checks petition documents (in Russian).
All 251 cases, with filters by criterion and occupation, are in our database of EB-1A RFEs, NOIDs and denials (in Russian).
Real EB-1A stories
The site has 57 EB-1A approval stories from the community: IT, business, science, the arts, sports; with an RFE and without, with premium processing and without, filed alone or with a representative. Each one shows which criteria were accepted and what the officer wrote: "EB-1A success stories: 57 cases". Another 41 stories (13 EB-1A, 15 EB-2 NIW and 13 O-1) are in part two. Both are in Russian. The author of the database, Egor Akimov, went through this himself: an O-1 visa in 2016, EB-1A and the green card in 2017 (his first filing got an RFE), U.S. citizenship in 2023. He is not a lawyer. More on the author page (in Russian).
EB-1A FAQ
Can I file EB-1A while living outside the U.S.?
Yes. You do not have to be in the U.S. to file the I-140. After approval the case goes through the NVC and the U.S. consulate that handles immigrant visas for people from your country: consulates by country (in Russian).
Can I be on an O-1 visa and file EB-1A?
Yes. Filing an immigrant petition cannot be a reason to deny an O-1, its extension or your entry (8 CFR 214.2(o)(13)). USCIS takes an approved O-1 into account when it reviews the EB-1A, but the O-1 does not guarantee approval.
Which is better: EB-1A or EB-2 NIW?
They are different standards: EB-1A asks for acclaim at the top of the field, NIW asks for EB-2 eligibility plus the three Dhanasar prongs. You can file both. If you have several approved I-140s, you keep the earliest priority date (8 CFR 204.5(e)). In October 2026, EB-2 has a line and EB-1 does not for most countries. See our EB-2 NIW guide (in Russian).
Is there an age or education requirement for EB-1A?
8 CFR 204.5(h) has no degree or age requirement, and the Policy Manual says outright that "sustained acclaim" does not mean an age limit. What decides the case is the evidence of acclaim.
Will my family get green cards too?
Yes, once the I-140 is approved: your spouse and unmarried children under 21 get E-14 and E-15 status. Each person needs their own Form I-485 or their own immigrant visa. If a child is close to 21, read how CSPA works (USCIS).
Official EB-1A sources
All links checked October 8, 2026.
- USCIS Policy Manual, Volume 6, Part F, Chapter 2 - Extraordinary Ability: the criteria, the two-step review, letters.
- 8 CFR 204.5 on eCFR: the definition, the 10 criteria, the priority date.
- USCIS: Employment-Based Immigration: First Preference EB-1.
- USCIS: Form I-140 and the checklist of required initial evidence for Form I-140.
- USCIS: Fee Schedule (G-1055).
- USCIS: How Do I Request Premium Processing? and Federal Register: Adjustment to Premium Processing Fees.
- USCIS: Case Processing Times.
- State Department: Visa Bulletin for October 2026 and USCIS: Visa Availability and Priority Dates.
- USCIS: Form I-485, memo PM-602-0199 and USCIS: Consular Processing.
- USCIS Policy Alert PA-2026-05: Evidence, RFEs and NOIDs.
- State Department: Fees for Visa Services and USCIS Immigrant Fee.
More official links for every visa are on our official sources page (in Russian).
This page is part of O1EB1, a free education program of Global Talent Foundation Inc., a 501(c)(3) nonprofit. Our mission is to help talented professionals understand the O-1, EB-1A and EB-2 NIW visas using official sources. We sell nothing and do not give legal advice. About O1EB1
Disclaimer
This is an independent analysis of public sources: laws, regulations and USCIS decisions.
It is not legal advice. The authors are not licensed US attorneys. Using this site does not create an attorney-client relationship.
Immigration policy changes. Check the current rules on uscis.gov and discuss your case with a licensed immigration attorney.
