In general, the following documents are required:

1. Evidence of national or international acclaim

The EA recipient has national or international acclaim that can be proven with documentation. An example of international acknowledgment demonstrating extraordinary ability would be the Noble Peace Prize or an Academy Award. If the applicant does not possess an internationally renowned award he/she must provide evidence of at least three of the following:

1. • The applicant has received an award or prize of a slightly lesser national or international recognition.
   • Obtained membership in prestigious associations and organizations. Must be perceived as an expert in their fields.
   • Assessed the work of others.
   • Contributed highly significant original artistic, scientific, or scholarly works in the field.
   • Had achievements published in major trade and media announcements.
   • Works displayed in an artistic exhibition or show.
   • Media success with regard to the performing arts. Can be evaluated based on box office receipts or entertainment sales.
   • Make a comparably high salary.
     As you can see, many of these requirements are very similar to those of the O-1 visa. This is why many foreign nationals who qualify for the O-1 subsequently qualify for the EB-1A

• 2. USCIS I-140 Petition Form
• Most of the other employment-based green card categories require you to have a job offer from a U.S. employer. That employer has to go through an extensive recruitment process to obtain a PERM Labor Certification, which can greatly increase your green card processing time.
  One of the main benefits of the EB-1A is that it does not require a PERM Labor Certification or a job offer from a U.S. employer. The applicant is able to file a “self-petition” on the USCIS I-140 form. This is one of the speediest methods of receiving a green card.
• 
  3. USCIS I-485 Application
• Once your I-140 is approved and your priority date is current, you will need to submit your I-485 Application to Register Permanent Resident or Adjust Status in order to change your status to EB-1A. If the USCIS approves this application, you will officially be a legal permanent resident in the U.S.

 

The updated filing fee for EB-1A can be found here. 

To qualify for EB-1A immigration, the beneficiary must demonstrate extraordinary ability, defined as being “individuals who have risen to the very top of their field”.  This is shown through sustained national or international acclaim and recognition, which can be demonstrated by establishing 3 of the following requirements.

1. Receive major nationally or internationally recognized prizes or award (i.e. Nobel Prize)
2. Memberships in relevant associations that require outstanding achievements
3. Published material about the applicant
4. Judged the work of others in field
5. Original and major professional contributions to their field
6. Author of articles in professional journals or other major media
7. Display of the applicant’s work at artistic exhibitions or showcases
8. Employment in leading or critical role for distinguished organizations
9. High salary compared to peers in the same field
10. Evidence of commercial success in the performing arts.

Section 203 (b)(1)(A) of the Immigration and Nationality Act

Aliens with extraordinary ability

An alien is described in this subparagraph if-

(i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,

(ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and

(iii) the alien’s entry into the United States will substantially benefit prospectively the United States.

8 CFR 204.5(h)(2)

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.

8 CFR 204.5(h)(3)

A petition for an alien of extraordinary ability must be accompanied by evidence that the alien has sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise. Such evidence shall include evidence of a one-time achievement (that is, a major, international recognized award), or at least three of the following:

(i) Documentation of the alien‘s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;

(ii) Documentation of the alien‘s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;

(iii) Published material about the alien in professional or major trade publications or other major media, relating to the alien‘s work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation;

(iv) Evidence of the alien‘s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought;

(v) Evidence of the alien‘s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;

(vi) Evidence of the alien‘s authorship of scholarly articles in the field, in professional or major trade publications or other major media;

(vii) Evidence of the display of the alien‘s work in the field at artistic exhibitions or showcases;

(viii) Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;

(ix) Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or

(x) Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

AFM ch. 22.2(i)(1)(E)(8).

Buletini v. Immigration and Naturalization Service 1994

860 F. Supp. 1222, 1232 n.12 (E.D. Mich. 1994) (beneficiary who made highest salary permitted under the law of communist Albania, which was two times the salary paid to the average doctor but only $40 when converted to U.S. dollars, met this criterion); Matter of [name not provided], SRC 06 267 53067 (AAO Feb. 11, 2009), available at www.uscis.gov (select “Laws,” “Administrative Decisions” link on the right toolbar under “More Information,” B2, and then search by date and for “02B2203”) (petition denied where, inter alia, petitioner failed to submit evidence that beneficiary’s USD$1,500,000 salary was high in comparison to other executives in Turkey).

USCIS I-140 National Standard Operating Procedures (SOP) 3.4.

Yasar v. Department of Homeland Security, 2006 WL 778623 (S.D. Tex. Mar. 24, 2006).

While applicants of some other green card categories must wait several years for their priority date to current, the EB-1 category tends to have all current dates, meaning that you can adjust your status as soon as your I-140 is approved. The I-140 processing time heavily depends on the caseload of the service center that processes your petition. On average, however, it tends to be around 6 months.