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EB-1A (E11)ImmigrantGreen card — employment

EB-1A Extraordinary Ability Green Card

People with sustained national or international acclaim in science, arts, education, business or athletics. No employer or job offer is needed.

Typical time10–45 mo
Gov’t fees$715I-140 immigrant petition
Attorney fees$5,000–$15,000

Last verified: 2026-09-25

Requirements

  • Show sustained national or international acclaim in your field.
  • Meet at least 3 of USCIS's 10 criteria, or show a major one-time award (e.g., Pulitzer, Oscar, Olympic medal).
  • Criteria include awards, judging others' work, original contributions, scholarly articles and high pay.
  • Meeting 3 criteria isn't the end: USCIS weighs all evidence together to decide if it shows acclaim.
  • Show you will keep working in your area of expertise in the U.S.

How long you can stay

Permanent residence. The green card is valid for 10 years and is renewed with Form I-90.

Timeline

On Sep 25, 2026, USCIS listed EB-1A I-140s at 32.5 months (80% of cases). Premium processing cuts the I-140 to 15 business days. Then comes the I-485 (about 9.5 months at field offices) or an interview abroad. Check current processing times before you plan.

Government fees

FeeAmountWho usually pays
I-140 immigrant petition
Online $665. Paper $715. Paid by the self-petitioner.
$715Applicant
Asylum Program Fee (self-petitioner)
Self-petitioners and small employers pay $300. Regular employers pay $600; nonprofits $0.
$300Applicant
Premium processing for I-140 (I-907)
Optional. USCIS acts within 15 business days. Covers the I-140 only, not the I-485.
$2,965Applicant
I-485 green card application (age 14+)
Online $1,390. Under 14 and filing with a parent: $950 ($900 online). Only if you apply inside the U.S.
$1,440Applicant
I-765 work permit with a pending I-485
$260 paper or online when your I-485 was filed with a fee on or after Apr 1, 2024.
$260Applicant
I-131 advance parole (travel) with a pending I-485
Online $580. Needed only if you plan to travel abroad while the I-485 is pending.
$630Applicant
Immigrant visa application fee (employment-based)
Per person. Only if you finish through a U.S. embassy (for Korea residents, usually Seoul) instead of an I-485.
$345Applicant
USCIS Immigrant Fee (card production)
Paid online after you receive the immigrant visa, ideally before you fly. Not charged when you adjust status in the U.S.
$235Applicant

You pay either the I-485 fees (inside the U.S.) or the embassy fees plus the USCIS Immigrant Fee (abroad), not both. Each family member pays their own I-485 or visa fee.

Typical attorney fees

Public price pages show about $5,000–$12,000+ for the EB-1A petition, and some list $10,000 flat. The green card step is often billed separately.

Spouse & children

Your spouse and unmarried children under 21 can get green cards with you. In the U.S., they can apply for a work permit while their I-485 is pending.

Work

No employer or job offer is required, so you aren't tied to one company. You do need to show you'll keep working in your field.

Path to a green card

This is a green card category. After 5 years as a permanent resident, you may apply to become a U.S. citizen.

Note for Korean applicants

People born in South Korea use the Visa Bulletin's 'All Chargeability' column. In the September 2026 chart, EB-1 was 'Current' (no wait).

Key documents

  • Form I-140 with evidence for each criterion you claim
  • Award certificates, press coverage, publications and citation records
  • Expert letters that explain your contributions, backed by other proof
  • Pay records or contracts, if you claim a high salary
  • Proof of plans to keep working in your field in the U.S.

Common pitfalls

  • Counting criteria without showing overall acclaim
  • Letters that aren't backed by independent evidence
  • Missing initial evidence — since Aug 5, 2026 USCIS may deny without an RFE
  • Assuming premium processing also speeds up the I-485
  • Forgetting that Visa Bulletin dates can move backward

Rules in flux

USCIS may deny without an RFE or NOID (PA-2026-05)

Since Aug 5, 2026, USCIS may deny a filing that lacks required initial evidence. It no longer has to send a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) first. An RFE can give less than 12 weeks to respond, and the extra 14 days for mail sent abroad ended. Any reply, even a partial one, is treated as a request for a decision.

New public charge rule (effective Sep 18, 2026)

DHS rescinded the 2022 public charge rule (final rule published Jul 20, 2026). Officers now weigh all facts, and any means-tested public benefit received on or after Sep 18, 2026 can be considered. Benefits received before that date are judged under the 2022 rule, which counted mainly cash aid and long-term institutional care. A sufficient Form I-864, when required, is still essential.

Gold Card program (Executive Order 14351)

An executive order signed Sep 19, 2025 created the Gold Card. You pay a $15,000 USCIS fee per person and file Form I-140G online. After vetting, you give $1 million to the Commerce Department ($2 million if a company sponsors you). The gift counts as evidence for an EB-1 or EB-2 NIW green card, so normal visa limits still apply. No regulation has been published, and USCIS has not posted approval numbers, so how the program works in practice is still unclear.

Official sources

General information, not legal advice. Rules change often. Check the official source and talk to a licensed immigration attorney before you act.

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