EB-1A Application Process: Complete Step-by-Step Guide
A comprehensive guide for immigration attorneys on how to file EB-1A extraordinary ability visa petitions successfully.
The EB-1A visa category is for individuals with extraordinary ability in their field. This guide walks through the complete application process, from initial assessment to USCIS filing, helping immigration attorneys navigate each step effectively.
Step-by-Step EB-1A Application Process
Step 1: Initial Case Assessment
1-2 weeksEvaluate the applicant's qualifications against the 10 EB-1A criteria. Assess publications, awards, memberships, and other evidence of extraordinary ability.
Step 2: Evidence Collection
2-4 weeksGather all supporting documents including publications, awards, recommendation letters, media coverage, and proof of original contributions.
Step 3: Criteria Evaluation
1 weekScore each of the 10 criteria (0-5 scale) and identify strengths and weaknesses. Determine which criteria to emphasize in the petition.
Step 4: Petition Letter Drafting
2-3 weeksDraft a comprehensive petition letter that demonstrates extraordinary ability. Link evidence to specific criteria and provide detailed analysis.
Step 5: Recommendation Letters
3-4 weeksObtain 3-5 recommendation letters from experts in the field. Letters should be specific, detailed, and support the extraordinary ability claim.
Step 6: Evidence Organization
1-2 weeksOrganize evidence into exhibits with Bates numbering. Create a table of contents and ensure all documents are properly labeled and indexed.
Step 7: Form I-140 Preparation
1 weekComplete Form I-140 with all required information. Ensure all fields are accurate and consistent with supporting documentation.
Step 8: Final Review and Filing
1 weekConduct final review of entire petition package. Verify all forms, evidence, and letters are complete. File with USCIS via mail or online.
Key EB-1A Requirements
10 EB-1A Criteria
- Receipt of major prizes or awards
- Membership in exclusive organizations
- Published material about the person
- Judging the work of others
- Original contributions of major significance
- Scholarly articles
- Display of work at exhibitions
- Performance in a leading role
- High salary or remuneration
- Commercial success in performing arts
To qualify for EB-1A, applicants must meet at least 3 of the 10 criteria, or provide evidence of a one-time achievement (e.g., Pulitzer Prize, Olympic Medal).
Common Mistakes to Avoid
Insufficient Evidence
Not providing enough evidence to support each criterion. Each criterion needs substantial documentation.
Weak Petition Letter
Generic petition letters that don't clearly link evidence to criteria or demonstrate extraordinary ability.
Poor Organization
Disorganized evidence without proper indexing, Bates numbering, or table of contents makes it difficult for USCIS officers to review.
How VisaMate Can Help
VisaMate automates 70% of the repetitive work in EB-1A petition preparation:
- Criteria Evaluation: Automated scoring and risk assessment for all 10 criteria
- Evidence Organization: Automatic Bates numbering, indexing, and exhibit management
- Petition Letter Drafting: AI-assisted drafting with automatic citation linking
- RFE Prevention: Early detection of gaps and weaknesses before filing