EB-1A Guide for Startup Founders

The EB-1A green card is one of the most attractive options for startup founders who are already in the United States on a temporary visa, such as H-1B or O-1. It provides a pathway from temporary status to permanent residency — allowing founders to build and scale their companies in the U.S. without the constraints of renewals, employer sponsorship, or quota limits.

Unlike other green card categories, the EB-1A offers major benefits for founders, including:

• Self-petition flexibility — no employer sponsorship or labor certification required.
  
  
• No annual lotteries or quotas — first-preference category with better visa availability.
  
  
• Faster processing times — Unlike EB-2/EB-3 categories, Priority date is current for most countries (except India and China); Premium processing available, with I-140 decisions in 15 business days.
  
  
• Permanent residence for your family — spouse and children under 21 qualify as dependents.
  
  
• Work freedom after approval — once you hold a green card, you can run your own startup or pivot to any employer, industry, or role.
  
  

However, the EB-1A is also one of the most scrutinized immigration categories. Founders must prove they are at the very top of their field — a higher bar than O-1.

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To qualify, an EB-1A you must show:

1. Extraordinary ability in their field, demonstrated through extensive documentation of acclaim (discussed below). In practice, this means meeting specific evidentiary criteria and proving you are among a small percentage at the very top of your domain.
2. Intent to continue working in the U.S. in your area of expertise. You don’t need a fixed job, but you must demonstrate plans to use your talents here (e.g., continuing research, starting a company).
3. Benefit to the United States. USCIS interprets this broadly—if you are truly at the top of your field, your work is assumed to benefit the country. A short statement of future plans or supporting letters is usually sufficient unless your case is unclear.

EB-1A Visa Requirements and Eligibility Criteria

Let's break down the key requirements and what it takes to demonstrate the extraordinary ability.

USCIS applies a two-step test to test this:

1. Regulatory Criteria Check
   
   
   • You must meet at least 3 out of 10 specific criteria listed below
     
     
2. Final Merits Determination
   
   
   • ‍Beyond the checklist, USCIS looks at the totality of your evidence to decide if you are among the small percentage at the very top of your field with sustained national or international acclaim.

Step #1: Regulatory Criteria Check

The "3 out of 10" Criteria

Petitioners must meet at least three of the following ten criteria.

1. Awards and Prizes

You need nationally or internationally recognized prizes or awards for excellence in your field of endeavour.

• Strong evidence: Competitive merit-based awards from reputable organizations, best paper awards at leading conferences, prestigious fellowships, or innovation prizes from national foundations.
• Weak evidence: Company-internal awards, student awards, pay-to-play awards like Stevie or Globee Awards.

Note: USCIS is increasingly scrutinizing VC funding and accelerator participation as an award, viewing these as investments in future potential rather than recognition of past achievement.

For awards and prizes, what matters is their credibility and competitiveness. Strong evidence comes from honors that are highly selective and based on individual achievement, not simple participation. Recognition from respected professional bodies, academic institutions, or renowned foundations carries more weight than company-internal or commercial awards. 

If the award was given to a team, the individual’s specific contribution should be clearly documented. Note that you are applying for an EB-1A, not your team or company.

2. Selective Memberships

Membership in associations requires outstanding achievements, as judged by recognized experts.

• Strong evidence: IEEE Fellow status, National Academy memberships, or invitation-only fellowships with proof of selectivity.
• Weak evidence: Basic professional memberships (regular IEEE, ACM), alumni associations, or groups that admit members based on fees or years of experience.

For memberships, what matters is whether acceptance reflects a genuine evaluation of merit. Organizations that carefully vet candidates through expert committees or competitive selection processes hold more value than networking type memberships. Proof that admission was granted because of exceptional achievements.

3. Media Coverage or Published Material About You

Media coverage that recognizes your achievements in professional or major trade publications.

• Strong evidence: Feature articles about you specifically in respected outlets like Forbes, Science, or major newspapers. The coverage must focus on your work and achievements, rather than just mentioning your name.
• Weak evidence: Press releases, paid media placements, or articles that merely quote you without discussing your achievements.

Note: Warning! Avoid Paid Press and Awards That Raise Red Flags

• When preparing an EB-1A petition, it is really important to avoid relying on “pay-to-play” press coverage or purchased awards, such as those offered by organizations like the Stevie Awards or Globee Awards. USCIS scrutinizes the credibility and authenticity of all submitted evidence. While use of press agents to drive interest or media attention in legitimate media outlets is acceptable, paid media placements—including sponsored articles, advertorials, or marketing content—are not considered objective third-party recognition and may be disregarded entirely.
  
  
• Worse, reliance on certain paid materials can raise concerns about eligibility, especially if USCIS suspects fraud or misrepresentation. Even if a petition is initially approved, USCIS may later issue a Notice of Intent to Revoke (NOIR) if it determines that the evidence was misleading or lacked probative value. Organically generated press coverage from reputable, independent outlets carries significantly more weight and none of these risks.

4. Judging the Work of Others

Evidence that you've served as a judge of others' work in your field.

• Strong evidence: Peer review for prestigious journals, grant review panels, or serving on program committees for competitive conferences.
• Weak evidence: Judging student competitions, internal company awards, or events without selective criteria for choosing judges.

The best examples show that you were invited to evaluate the work of peers because of your own standing in the field, not simply because of availability or affiliation.

5. Original Contributions of Major Significance

Your original contributions must demonstrate a measurable impact on your field of expertise, not just within your employer.

• Strong evidence: Patents that are licensed or widely adopted, technical innovations (such as algorithms or frameworks) integrated into industry standards, or peer-reviewed publications with substantial citations (100+ is often persuasive). These show that your work has influenced others in the field and advanced knowledge or practice beyond your own organization.
• Weak evidence: Patents without licensing or adoption, pending patents without evidence of use, internal company tools or processes limited to a single employer, or contributions that reflect strong job performance but lack broader recognition.

Note: Simply being named on a patent or publishing an article is not sufficient on its own. What matters is evidence that the contribution materially changed or advanced the field—for example, through adoption, citation, or widespread application.

6. Scholarly Articles

Authorship of scholarly articles in professional journals or major media.

• Strong evidence: Multiple publications in high-impact peer-reviewed journals, especially as first or senior author, with significant citation counts.
• Weak evidence: Conference papers with minimal citations, articles where you're a minor co-author, or publications in pay-to-publish journals.

7. Artistic Exhibitions or Showcases

Your work is displayed at artistic exhibitions or showcases (primarily for artists).

• Strong evidence: Solo exhibitions at renowned galleries or museums, work in permanent collections of major institutions.
• Weak evidence: Group shows at local venues, online galleries, or self-organized exhibitions.

8. Leading or Critical Role

Performance in a leading or critical role in  distinguished organizations

• Strong evidence: C-suite positions at recognized companies, principal investigator at prestigious institutions, or founding engineer at a well funded startup with clear customer traction, industry adoption, or recognized impact.
• Weak evidence: Middle management roles, positions at little known companies, or roles without demonstrated organizational impact. Being a founder of an unsuccessful or unknown startup won't suffice.

9. High Salary

Commanding a high salary relative to others in your field.

• Strong evidence: Compensation significantly above market norms, supported by salary surveys and geographic adjustments.
• Weak evidence: Slightly above-average pay, equity without clear value, or lack of comparative data.

Note: Evidence may include pay statements, tax returns, employment contracts, or documentation of equity grants. Comparative data—such as government statistics, industry salary surveys, or compensation reports adjusted for geography and sector—is essential to show that the salary is well above market norms. 

10. Commercial Success in Performing Arts

Evidence of commercial success (for performing artists).

• Strong evidence: High box office receipts, record sales, or significant critical acclaim.
• Weak evidence: Local performances or limited commercial reach.

This is less relevant for startup founders. 

Recently, USCIS introduced the Comparable Evidence clause, which allows applicants to submit alternative forms of proof when certain criteria do not neatly apply to their profession. 

This is particularly useful for founders whose accomplishments may not fit the traditional academic or research mold. For example, If demonstrating a high salary is not practical because you are building a startup, you may document the value of your equity as equivalent financial recognition. 

Step #2: Final Merits Determination

Next, the officer evaluates your entire case to judge if you're in the small percentage of those who have risen to the very top of their field. This holistic review, often called the Kazarian analysis after a key court case, examines whether your achievements demonstrate sustained national or international acclaim.

Many petitions don’t get past this step.

Meeting three criteria might check the boxes, but if those achievements are routine in your field or lack prestige, the final merits determination won't go your way.

The officer evaluates several factors:

• Quality over quantity: Three marginal criteria won't outweigh two exceptional ones. The prestige and recognition associated with your achievements matter more than simply checking boxes.
• Sustained acclaim: Your achievements should span time, not cluster in a single year. USCIS wants to see continued excellence, not a one-time peak.
• Field recognition: How do experts in your field view your contributions? Strong recommendation letters from recognized authorities can tip the scales.
• Comparative analysis: How do you stack up against others in your field? Being good isn't enough; you need to be among the small percentage at the very top.

Once you’re eligible to apply, the first process is to file your I-140.

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Here's a quick overview of the typical timeline:

At Alma, You begin with a free consultation. Our team evaluates your background, answers your questions, and confirms whether EB-1A is the right fit. If your case is strong, we give the go-ahead.

I-140 Petition Preparation and Filing

The I-140 (Immigrant Petition for Alien Workers) petition is the foundation of your EB-1A application. During this stage:

• You schedule a call with your attorney to review your qualifications and evidence.
• Many clients go through multiple rounds of feedback and edits, with direct access to their legal team throughout.
• Your legal team drafts ~6 tailored letters of recommendation based on the information you provide. You then share them with your recommenders, have them signed, and return them for inclusion in your case.
• Our attorneys prepare the full petition package, including a detailed legal brief, hundreds of pages of supporting documentation, and all USCIS forms.

Unlike many firms that take 1–2 months, Alma ensures your petition is case-ready and filed within 2 weeks of receiving your complete evidence set. 

After submission, USCIS processing times averages 6-12 months, though this can vary significantly. But for an additional $2,805 fee (as of 2025), you get priority review and can expect a response to your EB-1A application within 15 business days.

While this doesn’t guarantee approval, it does guarantee a decision, which could be:

• Approval: The petition is accepted, and you can move on to the green card stage.
• Request for Evidence (RFE): The most common outcome. USCIS is asking for additional proof or clarification (e.g., whether an award is truly prestigious, or how your contributions are of “major significance”). You typically have 90 days to respond. USCIS will then issue a decision within 15 business days of receiving the response.
• Notice of Intent to Deny (NOID): Less common but more serious. USCIS intends to deny unless you provide compelling additional evidence. This requires a comprehensive legal rebuttal.
• Denial: Rare at first filing, but possible. Importantly, a denial is not final. Many applicants succeed after refiling with additional evidence or a stronger legal strategy.

Adjustment of Status (I-485)

If your I-140 is approved and your priority date is current, the next step is applying for permanent residency.

Adjustment of Status (AOS) – If you're already inside the U.S.

• File Form I-485 to “adjust” from temporary status (e.g., H-1B, O-1) to permanent resident.
• At the same time, you may file for EAD (I-765) and Advance Parole (I-131), which allow you to work and travel while the green card is pending.
• Submit a medical exam (Form I-693) by a USCIS-approved doctor and provide required civil documents (birth, marriage certificates, etc.).
• Important: You cannot file I-485 unless your priority date is current under the Visa Bulletin. Each month, USCIS announces whether AOS applicants must use the “Final Action” chart or the “Dates for Filing” chart.
• If your date is current, you may also file I-140 and I-485 together (concurrent filing). But if the I-140 is denied, a concurrently filed I-485 will also be denied.

Example: As of September 2025, EB-1 is current for all countries except India (Final Action Date: Feb 15, 2022) and China (Final Action Date: Dec 22, 2022). This means applicants from most countries can immediately file I-485 once their I-140 is approved. Applicants from India and China must wait until their priority date is earlier than the posted Final Action Date before filing.

Biometrics Appointment

About a month after filing I-485, you’ll receive a notice for a biometrics appointment at a USCIS office. At this appointment, USCIS collects fingerprints, photos, and a signature for background checks.

On the consular side, there are no separate USCIS biometrics appointments. Instead, biometric data—such as fingerprint scans—is collected during the consular interview at the U.S. Embassy or Consulate.

Work and Travel Authorization (EAD & AP)

• If filed with I-485, EAD and Advance Parole are typically issued in 3–6 months (varies)
  
  
  
  • EAD: authorizes legal work while the green card is pending.
  • Advance Parole (AP): allows travel abroad and re-entry. Without AP, travel generally abandons an I-485—except for certain H/L visa holders who re-enter on the same valid status.

As of 2025, EAD and AP are usually issued with multi-year validity, up to 5 years, which reduces the need for renewals.

Green Card Approval

Once your Final Action Date in the Visa Bulletin is current, USCIS (for AOS cases) or the U.S. consulate (for CP cases) can issue your green card.

• If AOS: You’ll first receive an approval notice, followed by the physical green card in the mail.
• If CP: You’ll attend your embassy interview, receive an immigrant visa in your passport, and then enter the U.S. as a permanent resident. Your green card will arrive shortly after.
  

Total Cost Breakdown

EB-1A Visa Costs

The total cost of an EB-1A petition is made up of attorney fees and USCIS government filing fees.

Legal Fee

• Alma’s flat fee: $10,000 (Covers petition preparation, filing, and RFE responses).

USCIS Filing Fees (as of April 1, 2024):

• I-140 Petition: $715
• Asylum Program Fee: $600 (standard), $300 (employers <25 employees), $0 (nonprofits). Applies even for self-petitioners.
• Premium Processing (optional): $2,805 — guarantees USCIS action within 15 business days (approval, denial, RFE, or NOID). The clock pauses if USCIS issues an RFE or NOID.

Adjustment of Status (if filing inside the U.S.):

• I-485 Filing Fee: $1,440 per adult (biometrics included)
• Work & Travel Authorization (EAD/AP): Now filed separately; fees depend on whether bundled with I-485.

Choosing the Right Immigration Lawyer

The EB-1A is a complex category, and success depends not just on the quality of your achievements but on how they are presented. Many strong candidates are denied because their petitions are not framed persuasively.

When choosing an immigration attorney, consider:

• Experience: Do they have a strong track record specifically with EB-1A approvals?
• Attention to Detail: Will they craft a personalized petition, or do they use cookie-cutter templates?
• Responsiveness: EB-1A cases often involve tight deadlines (e.g., responding to RFEs). An attorney should be accessible and able to move quickly. Our attorneys usually respond to clients within 4-6 hours.
• Support Beyond Legal Writing: The best attorneys also guide you in gathering documentation, structuring recommendation letters, and anticipating USCIS pushback.

At Alma, we’ve built a modern immigration platform and team to make this process transparent and streamlined for you. Our clients range from a single-founder company to corporations with 500 foreign nationals.

We simplify the EB-1A process for individuals, focusing on 3 core pillars:

• Speed: 2-week turnaround time  in document preparation
• Excellence: 99%+ approval rate so far
• Care: Full transparency with our platform and direct attorney access

Beyond EB-1A, we also support a full range of U.S. visas and green cards, including O-1A, H-1B, L-1, EB-2 NIW, and more.

Ready to start your immigration journey? Get started here!