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EB-1 Visa Eligibility Criteria

The EB-1 visa is a top-tier immigration option for individuals with extraordinary ability in specific fields, including:


  • Science
  • Arts
  • Education
  • Business
  • Athletics



To qualify, applicants must provide substantial evidence of their accomplishments and demonstrate sustained national or international acclaim. Unlike other employment-based visas, the EB-1 category does not require a labor certification, making the process faster and more efficient.


Typical EB-1 candidates include:


  • Internationally recognized artists
  • Distinguished university professors and researchers
  • High-level executives of multinational corporations
  • Award-winning professionals in various industries
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Understanding Extraordinary Ability Visa Requirements

To meet the requirements for an EB-1 visa, applicants must prove they are among the top professionals in their field. The U.S. Citizenship and Immigration Services (USCIS) evaluates this based on specific criteria.

Applicants must provide documentation that includes:


  • Prestigious awards, such as Nobel Prizes, Olympic medals, or other internationally recognized honors
  • Published material about their work in professional or major trade publications
  • Membership in elite associations that require outstanding achievements
  • Significant contributions to their industry, such as groundbreaking research, inventions, or artistic excellence

The legal team at The Law Office of Joanne M. Fakhre, P.A. can help applicants build a strong case by identifying and organizing the best supporting evidence.

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The EB-1 Visa Application Process

Applying for an EB-1 visa involves several key steps:

  1. File Form I-140 (Petition for Alien Worker) – This petition is submitted to USCIS and must include detailed evidence of the applicant’s extraordinary ability.
  2. USCIS Review – The petition is reviewed to determine whether the applicant meets the EB-1 criteria.
  3. Adjustment of Status or Consular Processing – If the petition is approved:

  • Applicants already in the U.S. can apply for Adjustment of Status (Form I-485).
  • Applicants outside the U.S. must go through Consular Processing at a U.S. embassy or consulate.


Our legal team ensures that every step of this process is handled efficiently and correctly.

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Proving Extraordinary Ability for Your Visa

Applicants must prove they meet at least three out of ten USCIS criteria for extraordinary ability. These may include:

  • Receiving significant national or international awards
  • Having work featured in major media or trade publications
  • Holding a leading or critical role in a distinguished organization
  • Earning a significantly higher salary compared to others in the field
  • Exhibiting original contributions of major significance

Alternatively, a one-time achievement, such as winning an internationally recognized award, can also qualify an applicant.

Our attorneys help applicants compile a compelling portfolio that highlights their exceptional skills and meets USCIS standards.

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Understanding the EB-1 Visa: Process, Benefits, and Key Considerations

  • EB-1 Visa Benefits and Advantages

    The EB-1 visa offers several key benefits:


    • No job offer required – Applicants do not need an employer sponsor.
    • Faster processing – Since labor certification is not required, the process is quicker than other employment-based visas.
    • Direct path to permanent residency – EB-1 recipients can apply for a green card immediately after approval.
    • Greater flexibility – Beneficiaries can work for any employer or even start their own business.

  • Common Challenges in EB-1 Applications

    While the EB-1 visa offers many advantages, there are also challenges, such as:


    • Meeting the high eligibility standards – Applicants must provide strong, well-documented proof of extraordinary ability.
    • Proving sustained acclaim – USCIS requires evidence that recognition is ongoing and not temporary.
    • Addressing requests for additional evidence (RFE) – USCIS may request more documentation to support the petition.

    The Law Office of Joanne M. Fakhre, P.A. specializes in overcoming these obstacles, ensuring applications are well-prepared to maximize the chances of approval.

  • Timeline for EB-1 Visa Approval

    Processing times for EB-1 visas can vary depending on USCIS workload and the applicant’s individual circumstances. Typical timelines include:

    • Form I-140 Processing – Usually takes several months, though Premium Processing can reduce the wait time to 15 days.
    • Adjustment of Status or Consular Processing – Additional time is needed to complete these final steps after I-140 approval.

    Applicants should begin the process as early as possible to avoid unnecessary delays.

  • EB-1 Visa Supporting Documents Checklist

    A strong EB-1 petition requires extensive documentation, including:

    • Proof of major national or international awards
    • Letters of recommendation from experts in the field
    • Published articles or media coverage highlighting achievements
    • Evidence of a high salary relative to others in the profession

    Documentation of significant contributions to the industry


    Our attorneys work closely with applicants to ensure all required documents are properly prepared and submitted.

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If you have any legal questions or concerns, please do not hesitate to send us a message. Your message is important to us, and we will respond promptly to address your needs.

Disclaimer: The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Frequently Asked Questions (FAQ) About the EB-1 Visa

  • Can I apply for an EB-1 visa while on a different visa in the U.S.?

    The EB-1 visa offers several key benefits:


    • No job offer required – Applicants do not need an employer sponsor.
    • Faster processing – Since labor certification is not required, the process is quicker than other employment-based visas.
    • Direct path to permanent residency – EB-1 recipients can apply for a green card immediately after approval.
    • Greater flexibility – Beneficiaries can work for any employer or even start their own business.

  • Do I need an employer to sponsor my EB-1 visa?

    While the EB-1 visa offers many advantages, there are also challenges, such as:


    • Meeting the high eligibility standards – Applicants must provide strong, well-documented proof of extraordinary ability.
    • Proving sustained acclaim – USCIS requires evidence that recognition is ongoing and not temporary.
    • Addressing requests for additional evidence (RFE) – USCIS may request more documentation to support the petition.

    The Law Office of Joanne M. Fakhre, P.A. specializes in overcoming these obstacles, ensuring applications are well-prepared to maximize the chances of approval.

  • How long does it take to get an EB-1 visa?

    Processing times vary based on USCIS workload and your country of origin. Generally:

    • Form I-140 processing can take several months, but Premium Processing (optional) can shorten it to 15 days.
    • If a green card is available immediately for your country, the entire process may take 12 to 18 months.

  • Can family members come to the U.S. with me on an EB-1 visa?

    Yes. Your spouse and unmarried children under 21 can apply for green cards as derivative beneficiaries. Your spouse can also apply for work authorization in the U.S.

  • What happens if my EB-1 petition is denied?

    If your petition is denied, you can:

    • File a Motion to Reconsider or Reopen if you believe USCIS made an error.
    • Submit a new EB-1 petition with stronger evidence.

    Explore other visa options, such as the O-1 visa, which has lower eligibility thresholds.

  • Does the EB-1 visa have an annual cap?

    Yes, the U.S. government limits the number of EB-1 visas issued each year. If demand is high, some applicants may experience delays due to visa availability.

  • Can I apply for an EB-1 visa if I don’t have major awards like a Nobel Prize?

    Yes. While a one-time major achievement (such as a Nobel Prize) can qualify you immediately, you can also qualify by meeting at least three out of ten criteria set by USCIS, such as published work, leading roles in your field, or significant industry contributions.

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