EB-1A: the extraordinary ability green card
EB-1A is the employment-based first-preference category for extraordinary ability in the sciences, arts, education, business, or athletics. You can file it for yourself. There is no job offer and no labor certification. Einstein visa is a nickname, not a different form. The regulation is 8 C.F.R. 204.5(h). USCIS explains the same test in the Policy Manual, Volume 6, Part F, Chapter 2.
The two-step test
Step 1 is a one-time major award, or at least three of the ten criteria. USCIS names a Pulitzer, an Oscar, and an Olympic medal as examples of that award. Most people are in the three-of-ten path.
Step 2 is final merits. Meeting the words of three boxes does not decide the case. The question is whether the record as a whole shows sustained national or international acclaim and a place at the small top of the field. You also have to keep working in that field, and your coming to the United States should substantially benefit the country.
Source: 8 C.F.R. 204.5(h), and USCIS Policy Manual, Volume 6, Part F, Chapter 2 (https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-2). This page is a reading aid. It is not the manual, and it is not legal advice.
The ten criteria
The regulation lists ten. You do not need all ten. You need three that the exhibits actually support, or one true major award, and then final merits. If a box does not fit the field, mark it N/A. Comparable evidence is for a criterion that does not apply, not a way to rename a weak exhibit.
- Lesser nationally or internationally recognized prizes or awards for excellence
- Membership in associations that require outstanding achievement, judged by experts
- Published material about you in professional or major trade publications or major media
- Judging the work of others, individually or on a panel
- Original contributions of major significance in the field
- Authorship of scholarly articles in professional or major trade publications
- Display of work at artistic exhibitions or showcases
- A leading or critical role for organizations with a distinguished reputation
- A high salary or other high remuneration compared with others in the field
- Commercial success in the performing arts
Awards · Membership · Published material · Judging · Original contributions · Scholarly articles · Critical role · High salary · Comparable evidence · Final merits
The process
The petition is Form I-140 in the extraordinary-ability classification. You can file it yourself. No employer has to sponsor you, and there is no PERM labor certification. The petition is the form plus the exhibits. Officers read the exhibits.
Approval of the I-140 is not the green card. After that, the visa bulletin still controls adjustment of status or consular processing. Premium processing, if you pay USCIS for it, can shorten the clock on the I-140. It does not skip final merits, and it does not make a thin file stronger.
EB1AGenius scores a file against those boxes. We do not file, we do not represent you, and we do not predict the outcome. A licensed attorney should review anything before it goes to USCIS. Who we are: https://eb1agenius.com/about.
What the I-140 is · Self-petition · Premium processing · EB-1A vs PERM · When to hire a lawyer
Fees
The eight-question check on this page is free and needs no account. A single written report is $49.99. Pro is $299.99 for 3 months if you will re-run the file while you add letters or exhibits. The first 10 signed-in customers can get one single report free, one per account.
The USCIS filing fee, and premium processing if you use it, are paid to USCIS. Those amounts change. Read the current fee on the USCIS fee schedule before you file. We do not collect the government fee.
India, and the dates as of October 2026
EB-1A does not move an EB-2 priority date into EB-1. It is a different legal test and a different queue. The per-country limit still applies.
Final action, India, October 2026 Visa Bulletin: EB-1 is 1 February 2023. EB-2 is 1 November 2013. Dates for filing, India: EB-1 is 1 July 2024. EB-2 is 15 January 2015. Source: the U.S. Department of State Visa Bulletin for October 2026. USCIS chooses which chart adjustment-of-status filers may use. The dates move. This is not a prediction of a wait.
EB-1A for India · EB-1A vs EB-2 India · Indian software engineers
Where to go next
The head term is this page. The searches people actually type are the notes linked below: a profession, a citation count, NIW, or a move from H-1B. Each one uses the same ten criteria. None of them is a separate visa.
Free check · no account
Eight questions on this page
A first read of the file. Not a USCIS decision. The full resume check is separate.
Question 1 of 8
How many peer-reviewed papers have you published?
Preliminary read from your answers — not the full evaluation.
Educational tool, not legal advice. We do not predict USCIS outcomes.
Questions people ask
What is EB-1A?
EB-1A is the extraordinary-ability immigrant classification. The test is in 8 C.F.R. 204.5(h): a one-time major award, or at least three of ten criteria, and then a final-merits review of the whole record. You can self-petition. This site does not decide the petition.
Do I need a job offer or a PhD?
No job offer and no labor certification. A PhD is not one of the ten criteria. Officers still read the exhibits. A degree and a title are background.
How much does the check cost?
The check on this page is free. A single written report is $49.99. Pro is $299.99 for 3 months if you will re-run while you collect evidence. The first 10 signed-in customers can get one single report free, one per account. The USCIS filing fee is separate and is paid to USCIS.
Is there a citation number that qualifies me?
No. USCIS has not published a citation cutoff. Citations can support scholarly articles and final merits when independent people used the work. A count by itself is not a criterion.
Does EB-1A skip the India backlog?
No. EB-1A is a different queue, not a transfer of an EB-2 date. As of the October 2026 Visa Bulletin, India EB-1 final action is 1 February 2023 and EB-2 final action is 1 November 2013. Dates move. This is not a prediction.
Related: EB-1A for software engineers, How many citations for EB-1A, EB-1A vs EB-2 NIW, H-1B to EB-1A, EB-1A and India, EB-1A vs EB-2 India, EB-1A requirements, The I-140 petition, Who writes this.
This is not a law firm and does not file petitions. USCIS decides each case on its own record.