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Law Offices of
Shawn Sedaghat

(818) 382-3333
(949) 272-1199
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EB-1A Extraordinary Ability

Written by Shawn S. Sedaghat — California Bar #188763, admitted 1997. Last reviewed: June 2026.

For Those at the Top of Their Field

EB-1A is the green card category for individuals at the very top of their field through sustained national or international acclaim. It allows self-petition without an employer and without PERM labor certification, and is currently available without backlog for most countries. The Law Offices of Shawn S. Sedaghat has 30+ years of EB-1A experience across the sciences, business, arts, and athletics. Call (818) 382-3333 for a free consultation.

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      Overview

      • No job offer or employer sponsor required
      • Self-petition directly to USCIS
      • Current visa availability for most countries
      • Premium processing available (15 business days)
      • Highest preference category for employment-based immigration

      USCIS 10 EB-1A regulatory criteria — meet 3 of 10 to qualify:

      • (1) Receipt of nationally/internationally recognized prizes
      • (2) Membership in associations requiring outstanding achievement
      • (3) Published material in major media about you
      • (4) Judging the work of others
      • (5) Original contributions of major significance
      • (6) Authorship of scholarly articles in major media
      • (7) Display of work at artistic exhibitions
      • (8) Leading or critical role in distinguished organizations
      • (9) High salary or remuneration
      • (10) Commercial success in the performing arts

      Eligibility Requirements

      • Sustained national or international acclaim in your field
      • Meet at least 3 of 10 USCIS regulatory criteria — OR a one-time major internationally recognized award
      • Continued work in your area of extraordinary ability
      • Substantial future benefit to the United States

      Our Process

      Qualification Assessment

      Evaluate your record against the 10 EB-1A criteria and identify the strongest 3–5 to pursue.

      Evidence Development

      Strategically compile awards, memberships, published material, judging, original contributions, authorship, leading roles, and remuneration evidence.

      Final Merits Determination

      Build a final-merits narrative showing sustained acclaim and being among the small percentage at the top.

      I-140 Filing

      File with optional premium processing for 15-business-day adjudication.

      Green Card Application

      Adjustment of status or consular processing upon approval.

      Document Checklist

      Published material about you in major media
      Original contributions of major significance (citations, adoption, impact)
      Evidence of leading or critical roles for distinguished organizations
      Commercial successes in performing arts (if applicable)
      Awards and prize documentation
      Membership letters from associations requiring outstanding achievement
      Evidence of judging the work of others (peer review, panels)
      Authorship of scholarly articles in major outlets
      High salary or remuneration evidence
      Expert recommendation letters

      Key Benefits

      • Fastest employment-based green card path
      • No PERM labor certification required
      • Self-petition capability
      • Spouse and children under 21 included
      • Generally no visa backlog for most countries

      Related Practice Areas

      Frequently Asked Questions

      USCIS uses a two-step analysis. First, you must meet at least 3 of the 10 regulatory criteria. Second, in the final merits determination, USCIS weighs the totality of evidence to decide whether you are among the small percentage at the very top of your field.

      No. EB-1A applies to sciences, arts, education, business, or athletics. We have approved EB-1A petitions for entrepreneurs, executives, athletes, performers, chefs, and artists in addition to researchers and academics.

      Yes. EB-1A is an immigrant petition; you can file from any nonimmigrant status, and concurrent I-485 filing is available when visa numbers are current.

      Important but not decisive. USCIS values independent objective evidence (citations, media, awards) over letters. Letters from independent experts who have not collaborated with you carry significantly more weight than letters from co-authors or supervisors.

      With premium processing, the EB-1A I-140 is adjudicated within 15 business days — the fastest premium processing window USCIS offers. Standard processing typically takes 4-8 months. Adjustment of status or consular processing follows visa bulletin availability, which is current for most countries as of 2026.

      Yes. The two are different employment-based categories and you may file both concurrently. Many candidates do this strategically — EB-1A as the preferred outcome (faster visa availability) and EB-2 NIW as a backup. We assess whether your evidence is strong enough for both filings before recommending the dual approach.

      USCIS uses a two-step analysis from Kazarian v. USCIS. Step one: count whether you meet at least 3 of the 10 regulatory criteria. Step two: in a final merits determination, evaluate whether the totality of your evidence shows you are among the small percentage at the very top of your field with sustained national or international acclaim. Step two is where many EB-1A cases are won or lost.

      Questions About Your Case?

      Every immigration case is unique. Let our experienced attorneys evaluate your specific situation and recommend the best path forward.
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      ATTORNEY ADVERTISING. The information on this website is for general informational purposes only and does not constitute legal advice or the formation of an attorney-client relationship. Prior results do not guarantee a similar outcome. An attorney-client relationship is only established through a formal, written agreement with our firm. Your use of this site is at your own risk.
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      📍Los Angeles Office
      18751 Ventura Blvd #200, Tarzana, CA 91356
      (818) 382-3333

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      300 Spectrum Center Dr, Suite 400, Irvine, CA 92618 (949) 272-1199

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